In a recent case the court dismissed a mediator's
application to set aside a witness summons requiring her to provide
evidence. The evidence related to a mediation over which she
presided and which resulted in a settlement, that subsequently
became the subject of litigation.
Background
The issue arose following a mediation some years previously
between Farm Assist Limited (now in liquidation) (FAL) and the
Secretary of State for the Environment, Food and Rural Affairs
(DEFRA), at which the parties reached an amicable settlement.
Some six years after the mediation FAL sought to set aside the
settlement, alleging that it had been agreed under economic duress.
DEFRA wished to call the mediator to give evidence and both parties
agreed that the mediator should be asked to provide evidence,
including details of her private conversations with the parties.
When approached, the mediator informed the parties that she had
retained no relevant documents and had little
