Issue 47 - May 2004
The Court of Appeal case provides guidance on the question of whether a party who refuses an offer to mediate a dispute can be penalised on costs even if successful in the litigation.
Alternative Dispute Resolution
Halsey v Milton Keynes General NHS Trust, Steel v Joy and Halliday
Click to download PDFEarls Terrace Properties Ltd v Nilsson Design Ltd & Charter Construction plc (as Part 20 Defendant)
Issue 46 - April 2004
How can the court assist (where the parties have been unable to resolve their disputes through mediation) in order to try and resolve some of the more fundamental areas of difference?
Shirayama Shokusan Company Ltd and Others v Danovo Ltd
Issue 44 - February 2004
Can the courts order parties to try Alternative Dispute Resolution, even though one side had expressly said that it did not want to?
Corenso (UK) Ltd v The Burnden Group plc
Issue 39 - September 2003
Corenso refused to mediate. The court took a broad view that there was more than one form of ADR. Parties are required to attempt to resolve their differences without resorting to court. But, while mediation may be the way forward in some cases, in others, negotiation may be equally appropriate. Therefore, Corenso was not penalised for its failure to mediate.
Royal Bank of Canada v The Secretary of State for Defence
Issue 37 - July 2003
Although the defendant won on the majority of issues, it was penalised on costs because of its failure to try and resolve the dispute through ADR. In particular, the Judge took into account the fact that the government had pledged to try and settle the legal cases by ADR.
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