Good old days
Language: English Series: Solicitors' Journal ; 149(23) 10 June 2005, 696-697(2)Publication details: 2005Subject(s): Summary: Considers the cost implications of a refusal to mediate. Notes that the signals from the courts on cases such as "Dunnett v Railtrack PLC" ([2002] EWCA Civ 303, Abs67061) appear to be that mediation is actively encouraged but the advice falls short of compelling the parties to mediate. Further information on the subject has come from "Burchell v Bullard and others" ([2005] EWCA Civ 358, Independent 21 April 2005). Here, the judgment dealing with the subject of costs identified certain relevant factors including the continued importance of costs following the event in civil litigation and whether mediation could have played a useful role for the parties. It was also argued that a small building dispute such as this case was ideal for alternative dispute resolution.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L130031 (Browse shelf(Opens below)) | 1 | Available | 130031-1001 |
Considers the cost implications of a refusal to mediate. Notes that the signals from the courts on cases such as "Dunnett v Railtrack PLC" ([2002] EWCA Civ 303, Abs67061) appear to be that mediation is actively encouraged but the advice falls short of compelling the parties to mediate. Further information on the subject has come from "Burchell v Bullard and others" ([2005] EWCA Civ 358, Independent 21 April 2005). Here, the judgment dealing with the subject of costs identified certain relevant factors including the continued importance of costs following the event in civil litigation and whether mediation could have played a useful role for the parties. It was also argued that a small building dispute such as this case was ideal for alternative dispute resolution.