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It pays to explore alternative ways

By: Language: English Series: Estates Gazette ; (0639) 30 September 2006, 179(1)Publication details: 2006Subject(s): Summary: Question and answer style article looking at what mediation is and whether it is compulsory. "Can a refusal to mediate be penalised?" explains that parties cannot be ordered to mediate and highlights situations when mediation can be refused. However, warns that a refusal can be penalised in costs if deemed unreasonable. "How should I prepare for mediation?" emphasises the need to collect relevant documents, prepare a position statement, carefully identify the client's objectives, explain the mediation process, and look at solutions beyond the scope of litigation.

Question and answer style article looking at what mediation is and whether it is compulsory. "Can a refusal to mediate be penalised?" explains that parties cannot be ordered to mediate and highlights situations when mediation can be refused. However, warns that a refusal can be penalised in costs if deemed unreasonable. "How should I prepare for mediation?" emphasises the need to collect relevant documents, prepare a position statement, carefully identify the client's objectives, explain the mediation process, and look at solutions beyond the scope of litigation.