Courts reinforce mediation message
Joyce, Jacqui
Courts reinforce mediation message - 2012 - Estates Gazette (1230) 28 July 2012, 66-68(3) .
Reviews law cases which involved the courts considering the issues of penalties for one of the parties refusing to mediate. Practice Direction Pre-action Protocol encourages parties to seek Alternative Dispute Resolution (ADR) before going to trial. Mediation is the most common form of ADR. "Rolf v De Geurin" [2011] EWCA Civ 78 viewed as a lost opportunity of mediate, "PGF II SA v OMFS Company and another" [2012] EWHC 83 (TCC) noted that in a property dispute, obstacles to mediation should be resolve. "Swain Mason and others v Mills&Reeve" [2012] EWCA Civ 498 held that reasonable reasons to refuse to mediate is where one of the parties believes that they have a reasonable belief in a watertight case on liability and a professional reputational wish to be vindicated publicly.
Rolf v De Geurin
PGF II SA v OMFS Company and another
Swain Mason and others v Mills&Reeve
United Kingdom--
Courts reinforce mediation message - 2012 - Estates Gazette (1230) 28 July 2012, 66-68(3) .
Reviews law cases which involved the courts considering the issues of penalties for one of the parties refusing to mediate. Practice Direction Pre-action Protocol encourages parties to seek Alternative Dispute Resolution (ADR) before going to trial. Mediation is the most common form of ADR. "Rolf v De Geurin" [2011] EWCA Civ 78 viewed as a lost opportunity of mediate, "PGF II SA v OMFS Company and another" [2012] EWHC 83 (TCC) noted that in a property dispute, obstacles to mediation should be resolve. "Swain Mason and others v Mills&Reeve" [2012] EWCA Civ 498 held that reasonable reasons to refuse to mediate is where one of the parties believes that they have a reasonable belief in a watertight case on liability and a professional reputational wish to be vindicated publicly.
Rolf v De Geurin
PGF II SA v OMFS Company and another
Swain Mason and others v Mills&Reeve
United Kingdom--