000 01419cab a2200205 4500
001 L130031
008 050616n2005 000 0 eng u
035 _a(Sirsi) u130031
041 _aeng
100 _aNewman, Paul
245 _aGood old days
260 _c2005
490 _aSolicitors' Journal
_v149(23) 10 June 2005, 696-697(2)
520 _aConsiders the cost implications of a refusal to mediate. Notes that the signals from the courts on cases such as "Dunnett v Railtrack PLC" ([2002] EWCA Civ 303, Abs67061) appear to be that mediation is actively encouraged but the advice falls short of compelling the parties to mediate. Further information on the subject has come from "Burchell v Bullard and others" ([2005] EWCA Civ 358, Independent 21 April 2005). Here, the judgment dealing with the subject of costs identified certain relevant factors including the continued importance of costs following the event in civil litigation and whether mediation could have played a useful role for the parties. It was also argued that a small building dispute such as this case was ideal for alternative dispute resolution.
590 _aIKA210605
650 _aBURCHELL V BULLARD AND OTHERS
650 _aDUNNETT V RAILTRACK PLC
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ASSISTED NEGOTIATION-MEDIATION
942 _n0
999 _c75406
_d75406