Mediators as witnesses and evidence about mediators
Keywords:Mediators, evidence, evidence about mediation, alternative dispute resolution
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.
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