At last, clarity for mediation
Pliener, D.
At last, clarity for mediation - 2004 - New Law Journal 154(7132) 11 June 2004, 878 (2) .
Examines the CA landmark judgment in "Halsey v Milton Keynes General NHS Trust; Steel v Joy and another" ([2004] EWCA Civ 576, Abs67919). This clarified the court's approach to mediation especially in the case of the "Halsey" judgment where two crucial questions are addressed; the circumstances where a court requires the parties to mediate where one of the parties does not wish to do so, and in which situations will one party's refusal to mediate deprive it of the usual costs order? This decision appears to be a reversal of a trend in recent cases such as "Cable and Wireless Plc v IBM (UK) Ltd" ([2002] EWHC 2059 (Comm), [2002] 2 ALL ER 1041 (Comm)).
HALSEY V MILTON KEYNES GENERAL NHS TRUST
CABLE AND WIRELESS PLC v IBM (UK) LTD
MEDIATION
ALTERNATIVE DISPUTE RESOLUTION
At last, clarity for mediation - 2004 - New Law Journal 154(7132) 11 June 2004, 878 (2) .
Examines the CA landmark judgment in "Halsey v Milton Keynes General NHS Trust; Steel v Joy and another" ([2004] EWCA Civ 576, Abs67919). This clarified the court's approach to mediation especially in the case of the "Halsey" judgment where two crucial questions are addressed; the circumstances where a court requires the parties to mediate where one of the parties does not wish to do so, and in which situations will one party's refusal to mediate deprive it of the usual costs order? This decision appears to be a reversal of a trend in recent cases such as "Cable and Wireless Plc v IBM (UK) Ltd" ([2002] EWHC 2059 (Comm), [2002] 2 ALL ER 1041 (Comm)).
HALSEY V MILTON KEYNES GENERAL NHS TRUST
CABLE AND WIRELESS PLC v IBM (UK) LTD
MEDIATION
ALTERNATIVE DISPUTE RESOLUTION