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Burness Edinburgh \ Glasgow. Mediation: Legal Issues & Protected Conversations HE/FE Mediation Forum. David Morgan & Morag Hutchison 9 November2012. What are we going to cover?. Types of “legal” mediation Confidentiality of mediation Agreement to Mediate Settlement Agreement

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David morgan morag hutchison 9 november2012

BurnessEdinburgh \ Glasgow

Mediation:

Legal Issues & Protected Conversations

HE/FE Mediation Forum

David Morgan & Morag Hutchison

9 November2012


What are we going to cover
What are we going to cover?

  • Types of “legal” mediation

  • Confidentiality of mediation

  • Agreement to Mediate

  • Settlement Agreement

  • Protected conversations


Types of mediation
Types of Mediation

ACAS

Mediation

Judicial

Mediation

Private

Mediation


Legal issues
“Legal” Issues

  • Is the mediation confidential?

  • Mediator will keep everything confidential

  • What about the parties? What if mediation doesn’t succeed? Can information from mediation be used in tribunal claim?


Legal issues1
“Legal” Issues

  • Mediation Agreement

  • Key clauses:

  • Confidentiality obligations

  • Mediator’s duties

  • Attendees

  • Fees

  • When settlement becomes binding

  • Circumstances in which mediation will end


Legal issues2
“Legal” Issues

  • Settlement Agreement

  • Key clauses:

  • Identification of parties

  • Terms of settlement

  • Timelines for actions (e.g. Payment of sums/withdrawal of claims)

  • Confidentiality

  • Announcements

  • Disposal of existing claims

  • Signatures


David morgan morag hutchison 9 november2012

Protected Conversations

“So a boss and employee feel able to sit down together and have

a frank conversation” (David Cameron)


David morgan morag hutchison 9 november2012

A

Q


David morgan morag hutchison 9 november2012

BurnessEdinburgh \ Glasgow

David.Morgan@burness.co.uk

Morag Hutchison@burness.co.uk

@DavidMorganLLB/@MoragHutchison/@BurnessEmpLaw