000 01272cam a2200229 4500
001 ABS65935
008 021008n2002 000 0 eng u
035 _a(Sirsi) u120032
100 _aBingham, T
245 2 _aA tragic obsession
260 _c2002
490 _aBuilding
_v267(8251) 20 September 2002, 58-59(2)
520 _aComments on the current view that, although mediation is not compulsory in law, any unjustified failure to accept mediation opportunities with a realistic prospect of resolution would result in adverse consequences at the litigation stage. Recent CA cases have seen the successful parties severely criticised and legal costs awarded against them. However there are exceptions. In "Hurst v Leeming", the losing claimant (H) argued that he had suggested mediation but the defendant (L) hadrejected it and therefore H should not pay costs. The judge ruled that H's character, obsessed by a sense of personal injustice, was such that mediation would get nowhere and awarded costs against him.
590 _aABS
650 _aALTERNATIVE DISPUTE RESOLUTION
650 _aALTERNATIVE DISPUTE RESOLUTION
650 _aMEDIATION
650 _aHURST V LEEMING
650 _aLEGAL COSTS
690 _aDispute resolution
_96236
942 _n0
999 _c71322
_d71322