Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 – Page 2 – Law Journals

ADR: Mediate and be damned

Neil Jamieson examines the increasing significance of mediation ‘While mediation remains a voluntary process which no party can be compelled to engage in, there is now is an undeniable onus on parties to attempt alternative dispute resolution if they wish to avoid costs sanctions.’Would-be litigants certainly cannot be criticised for approaching the prospect of bringing …

Continue reading "ADR: Mediate and be damned"

This post is only available to members.

ADR: Oil on troubled waters

John Sykes looks at the myths and reality of mediation and the public sector ‘Whereas a judgment is public and invariably receives widespread attention, a mediated settlement will usually remain confidential and be better suited to shielding the authority from public criticism.’I first represented a client in a mediation in 1999. It was all about …

Continue reading "ADR: Oil on troubled waters"

This post is only available to members.

Mediation: Give peace a chance

Michelle Knight reports on the rejection of an offer to mediate ‘While BAE’s view of the merits provided some justification for not mediating, other factors showed that BAE was unreasonable in rejecting NGM’s offer to mediate.’Parties to civil litigation should take note of a recent decision in the TCC which considered whether the successful defendant …

Continue reading "Mediation: Give peace a chance"

This post is only available to members.

Non-Court Dispute Resolution: Alternative routes

Frances Bailey outlines options and steps that may be taken by the courts to encourage parties to attend non-court dispute resolution ‘The court’s powers are limited in that it cannot force either party to engage in dispute resolution; it can simply adjourn the proceedings to enable them to obtain information.’ Resolution’s third annual Family Dispute …

Continue reading "Non-Court Dispute Resolution: Alternative routes"

This post is only available to members.

Construction Focus: An unreasonable refusal

John Starr considers a case where no costs sanctions were imposed despite an unreasonable refusal to mediate ‘In this case, the judge came to the conclusion that the fair and just outcome should be that neither party’s conduct should be taken into account to modify what would otherwise be the general rule on costs.’ In …

Continue reading "Construction Focus: An unreasonable refusal"

This post is only available to members.

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 …

Continue reading "Mediation: After Jackson"

This post is only available to members.

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 …

Continue reading "ADR: Blessed are the peacemakers"

This post is only available to members.

Mediation: An invitation to be ignored at your peril

Deirdre Goodwin looks at the costs consequences of a refusal to mitigate six years after Halsey ‘PGF shows that the courts are unprepared to tolerate parties unreasonably failing to consider ADR, and there will be cost consequences for not responding to an offer to mediate.’ The case of PGF II SA v OMFS Company 1 …

Continue reading "Mediation: An invitation to be ignored at your peril"

This post is only available to members.

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 …

Continue reading "Mediation: A costly refusal"

This post is only available to members.

Mediation: Ignore at your peril

Kate Andrews discusses the importance of mediation, and the costs consequences that can result where a party unreasonably refuses, or ignores, a request to mediate, in light of a recent Court of Appeal judgment ‘Prior to the recent Court of Appeal decision in PGF v OMFS, case law seemed to suggest that a positive suggestion …

Continue reading "Mediation: Ignore at your peril"

This post is only available to members.