Courts reinforce mediation message
Language: English Series: Estates Gazette ; (1230) 28 July 2012, 66-68(3)Publication details: 2012Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L156953 (Browse shelf(Opens below)) | 1 | Available | 156953-1001 |
Browsing London shelves, Shelving location: Journal article Close shelf browser (Hides shelf browser)
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.