Burchell v Bullard [2005] EWCA Civ 358

Mediation: After Jackson

Adam Carvalho and Lizzy Sainsbury set out two cases where the courts had to consider whether a refusal to mediate was reasonable ‘At the time of deciding whether or not to accept an offer to mediate, which may be at a very early stage of the litigation and sometimes at the pre-action stage, it may …

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ADR: Blessed are the peacemakers

Peter Taylor and Anna Robinson urge a fresh look at mediation ‘You should never ignore an invitation to ADR. If the timing or format of the ADR is an issue then it would be prudent to explain the reasons and suggest an alternative approach to ADR in the context of the dispute.’ Mediation is one …

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Mediation: A costly refusal

Bryan Johnston assesses the price of failing to mediate following the Court of Appeal ruling in PGF ‘PGF confirms that ADR is firmly at the heart of the civil procedure regime. A request to engage in ADR cannot be ignored or unreasonably refused without the strong possibility of a costs sanction.’With Voltaire-esque flair, the Court …

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