Category: Refusal to mediate

Article published – ADR reform: one size does not fit all

20 March, 2018

On 6 March, the Civil Justice Council held a workshop to discuss the recommendations made in its interim report on ADR, which was subject to consultation late last year. The interim report addresses concerns regarding a perceived underuse of ADR within some… Read more

CJEU holds that mandatory mediation is not inherently precluded by EU law

4 July, 2017

The Court of Justice of the European Union (CJEU) has concluded that national legislation imposing mandatory mediation as a pre-condition to litigation is not precluded by the EU ADR legislative framework, provided that the parties are not prevented from exercising their rights of access to… Read more

Court of Appeal sends further message on mediation: Don’t drag your heels in arranging it

5 May, 2017

A recent Court of Appeal decision is the latest instance of the court expressly sending a message to litigants confirming what it expects of them regarding mediation within the court process: Thakkar v Patel [2017] EWCA Civ 117. Upholding a first… Read more

Advocate General Opinion on the Consumer ADR Directive and compulsory mediation

12 April, 2017

In a case referred to the Court of Justice of the European Union (CJEU) by the Italian courts, an Advocate General opinion has been issued which considers the scope of the Consumer ADR Directive, including whether it precludes national legislation from imposing mandatory mediation… Read more

ADR in Asia Pacific – Part 3

5 December, 2016

Further to our earlier posts (here and here) highlighting material from our recently updated Guide to Dispute Resolution in Asia Pacific, we now feature in part 3 the responses from New Zealand, Pakistan, Philippines, Singapore, Taiwan, Thailand and Vietnam to the question whether parties to litigation or arbitration… Read more

Hong Kong court imposes costs sanctions for unreasonable refusal to mediate

8 September, 2015

A recent Hong Kong judgment has added to the growing body of case law illustrating courts' intolerance of litigants who refuse to engage with ADR. The decision will be of interest to litigants not just in Hong Kong but in other… Read more

UK: Further guidance on when refusal to mediate may attract costs sanctions

2 April, 2015

A recent High Court decision has provided a further example of a successful defendant being deprived of a portion of the costs it otherwise would have been awarded because it was found to have unreasonably refused to engage in ADR (applying the guiding principles… Read more

Failure to engage with ADR proposals: UK Court of Appeal extends the Halsey principles

31 October, 2013

The Court of Appeal has delivered a judgment strongly reiterating its support for the role of ADR in civil litigation and extending the existing principles governing the question of when a litigant's failure to engage in ADR will justify a court… Read more

UK High Court claim struck out as full redress was available under an ADR scheme

26 September, 2013

The UK High Court recently refused to allow a claim to proceed in relation to mis-selling of an insurance product on the basis that the claimants had already been offered full redress under a formal ADR scheme established in relation to… Read more

English Court of Appeal suggests a rethink of the prohibition on court-ordered compulsory mediation

28 March, 2013

In a withering attack on what he terms "the emasculation of legal aid" and the inevitable increase in unrepresented litigants in the English courts, Lord Justice Ward in the Court of Appeal has suggested that it may be time to… Read more

English Court of Appeal reviews test for unreasonable refusal to mediate and provides guidance on approach to negotiation

13 February, 2013

In a judgment handed down in October 2012 but only recently made available, the English Court of Appeal has set out guidance on the factors to be taken into account when assessing a successful party's refusal to mediate and general approach to settlement:… Read more

English High Court defends successful party’s refusal to mediate and declines to impose costs sanctions

1 November, 2012

In ADS Aerospace Limited v EMS Global Tracking Limited [2012] EWHC 2904 (TCC), Mr Justice Akenhead sitting in the Technology and Construction Court held that a successful party was not unreasonable to refuse mediation and should not be penalised in costs… Read more

Court of Appeal mediation pilot endorsed in Ghaith v Indesit

31 August, 2012

The year-long Court of Appeal mediation pilot launched on 2 April 2012 has been endorsed in the recent case of Ghaith v Indesit [2012] EWCA Civ 642. Under the pilot, unless a judge exceptionally directs otherwise, every personal injury, clinical negligence and contractual… Read more

Court of Appeal defends successful party’s refusal to mediate

3 May, 2012

In a rare move, the Court of Appeal has stepped into the shoes of the trial judge and exercised the court’s discretion on costs, holding that a successful party was not unreasonable to refuse mediation and should not be penalised… Read more

Refusal to mediate and effect on Part 36 costs

3 May, 2012

In PGF II SA v OMFS Company and another [2012] EWHC 83 (TCC), the High Court ordered that both parties should bear their own costs after expiry of the relevant (21 day) period for acceptance of a Part 36 offer, due to… Read more

Court of Appeal criticises failure of disputing neighbours to mediate

30 April, 2012

Faidi v Elliott Corp [2012] EWCA Civ 287 concerned noise between neighbouring flats in London. The Court of Appeal found that such disputes are much better dealt with through mediation. This was because practical settlement as opposed to legal judgment is… Read more

Court of Appeal imposes costs sanctions for unreasonable refusal to mediate

8 June, 2011

In Rolf v De Guerin [2011] EWCA Civ 78, the UK Court of Appeal considered an appeal from a successful claimant about liability for the costs of a small building dispute, in circumstances where the defendant had refused several offers… Read more

Court of Appeal in Hong Kong addresses refusals to mediate and its impact on costs

21 June, 2010

The Hong Kong Court of Appeal recently addressed refusals to mediate in Incorporated Owners of Shatin New Town v Yeung Kui [2010] HKEC176, where the losing party sought to vary a cost order contending that each party should bear its… Read more

Party ordered to pay costs thrown away by late withdrawal from mediation

4 November, 2009

In Roundstone Nurseries Limited v Stephenson Holdings Limited [2009] EWHC 1431 (TCC) a party was ordered to pay the costs thrown away by its late withdrawal from mediation. In considering whether to make such an order, the court will consider… Read more

Conduct at mediation and its impact on costs assessed by the courts

16 May, 2008

In two recent cases (7th Earl of Malmesbury and others v Strutt & Parker [2008] EWHC 424 (QB) and Nigel Witham Ltd v Robert Smith and others [No.2] [2008]EWHC 12 (TCC)) the High Court has reviewed and sanctioned an extension… Read more

Refusal to mediate is not unreasonable

3 March, 2006

In a recent High Court case (Hickman v Blake Lapthorn and David Fisher [2006] EWHC 12 (QB)), the judge was asked to consider whether one losing defendant (the second defendant) should pay all of the claimant's costs after the date… Read more

Admissibility of without prejudice negotiations when ADR is refused

19 July, 2004

In Reed Executive plc v Reed Business Information Ltd [2004] EWCA Civ 887 the Court of Appeal gave its first judgment on the issue of the costs consequences that result from a party’s refusal to mediate since the landmark ruling… Read more

Court of Appeal gives guidance on when it is reasonable to refuse ADR

14 May, 2004

In a judgment handed down this week, the Court of Appeal has given some welcome guidance for litigants on when it may be reasonable to refuse Alternative Dispute Resolution (ADR). The Court of Appeal also held that it is inappropriate… Read more

View more posts

ADR notes

Filters