Issue 35 - May 2003
From 1 April 2003, the Civil Procedure Rules pre-action protocol practice direction includes a new requirement whereby a proposed claimant should state if he wishes to enter into mediation or any other alternative method of dispute resolution.
Issue 34 - April 2003
A month before trial was due to commence, Coates withdrew from a mediation. Although Coates succeeded at trial, it was found liable to pay the costs of that trial.
Issue 29 - November 2002
Wyatt attempted to claim its costs on the grounds that a Part 20 defendant had declined invitations to mediate. The court made it clear that it is not enough merely to offer to mediate, that offer must be a genuine attempt to resolve the matters in dispute.
Issue 28 - October 2002
Judge Colman had to consider an application brought by IBM for a stay of proceedings on the grounds that the contract between the parties provided that the parties should try and resolve any dispute between them first by negotiation and then through an ADR procedure.
If you would like to receive a digital version of our newsletters please complete the subscription form.
Click to download PDF