header-logo header-logo

Mediation troubles

17 July 2008 / Stephen Cantle
Issue: 7330 / Categories: Features , Mediation , Costs
printer mail-detail

Forcing unwilling parties to mediate is fruitless, says Stephen Cantle

Recently, I was involved in a mediation where the only benefit was to add to the costs. During the course of a frustrating day, it became clear that our opponents were not prepared to compromise and would only settle at maximum value. Although this was not a novel experience, the case drove me to think about the usefulness of the warnings from the courts about the consequences of refusing to submit to the mediatory process.

Why do people agree to mediate if they have no intention of reaching a compromise? The short answer is because, these days, we all know that a refusal to mediate may well result in a party being penalised in costs, even if it is subsequently successful at trial.

There have been many instances where judges have emphasised this point. Perhaps the most well-known example is the Court of Appeal decision in Dunnett v Railtrack plc [2002] 2 All ER 850.

In that case, the court dismissed the claimant's appeal,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

back-to-top-scroll