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Mediators as witnesses and evidence about mediators

Mediators as witnesses and evidence about mediators

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Tony Allen, Solicitor and CEDR accredited mediator

Keywords: Mediators, evidence, evidence about mediation, alternative dispute resolution

Abstract: The paper reviews the confused legal position currently in England and Wales concerning mediators as a source of evidence, analysing the cases where mediators have been called and the grounds for refusing. It suggests greater resistance by mediators to attempts to call them as witnesses and greater willingness by judges to protect mediators from being called unnecessarily, questions what truly is ‘in the interests of justice’ in such decisions, and suggests considering such matters in private hearings first.

Author Biography: 

Tony Allen was for over thirty years in private practice as a solicitor, during which time he was accredited by CEDR as a mediator and took a number of clients into their first mediations. In 2000 he began 11 years as a director of CEDR, and is now a mediator and trainer, specialising in clinical negligence and personal injury claims. His two books Mediation Law and Civil Practice (2nd edition 2018) and Mediating Clinical Claims (1st edition 2018) are published by Bloomsbury Professional. In 2011 he was awarded the Lord Slynn Memorial Prize for his contribution to the development of mediation in the UK.

Publication Date:  25 June 2020

Citation: Allen, T. (2020). Mediators as witnesses and evidence about mediators. Mediation Theory and Practice4, 6–26.

Buy this article: you can buy a PDF of this article at this page, or a hard copy with Issue 4 here.

PDFs are not held on Mediation Publishing databases and therefore cannot be supplied instantly - but they will be sent within 24 hours; paper copies despatched within 2 working days. 

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