Miss mediation
Series: Building ; 269(8335) 4 June 2004, 51(1) | Contract Journal ; 423(6477) 26 May 2004, 30(1)Publication details: 2004Subject(s): Summary: Looks at the case, "Halsey v Milton Keynes General NHS Trust" ([2004] EWCA (Civ) 576, [2004] ALL ER CD) 125 (May)) where it was established that a party can refuse to mediate when sound reasons apply for not wanting to do so. Suggests some valid excuses not to mediate, including the fact that mediation is often ineffective when the litigation is to determine an issue of law. Mediation should not apply when a claimant's position is unreasonably weak and they are attempting to use the process as a tactical ploy in a nuisance value action.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS67828 (Browse shelf(Opens below)) | 1 | Available | 126426-1001 |
Looks at the case, "Halsey v Milton Keynes General NHS Trust" ([2004] EWCA (Civ) 576, [2004] ALL ER CD) 125 (May)) where it was established that a party can refuse to mediate when sound reasons apply for not wanting to do so. Suggests some valid excuses not to mediate, including the fact that mediation is often ineffective when the litigation is to determine an issue of law. Mediation should not apply when a claimant's position is unreasonably weak and they are attempting to use the process as a tactical ploy in a nuisance value action.