Confidentiality of mediation encourages parties to speak freely and openly. This is because they do not need to fear (or much less fear; ex natura confidentiality protections are never ironclad) that their words could be used against them when revealed to an outsider to the mediation process, such as a judge in a court or…

This post will be the first of a series focusing on individual aspects of regulatory robustness, as introduced in previous blogs by Nadja Alexander and applied in the context of Ireland by the two of us in our last post. With so many areas to focus on, it was difficult to choose one to begin…