Of course, waiver can not be compelled, but
waiver of privilege where necessary would be an obvious sign of co-operation.»
Not exact matches
It seems pretty clear that the highest risk for these types
of unexpected
privilege waivers will come in employment disputes,
where the employer has a direct interest in getting as much information about the employee as it can.
These include a
waiver of privilege,
where necessary.
So far as I am aware, all previous cases
where mediation content has been reported to a judge have involved specific
waiver of privilege by the parties, for better or worse.
Further,
where privileged information is disclosed to the court for the purpose
of determining whether there is
privilege, this does not constitute a
waiver.
This would involve a
waiver of a solicitor - client
privilege, which is permitted to the solicitor
where the former client sues them.