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06 November 2008
Issue: 7344 / Categories: Features , Procedure & practice
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Part two: Erich Suter on the move towards enforced mediation

Increasingly courts are coming to accept that they do have the power to enforce agreements to mediate and it seems that nowadays it is likely that that power will be exercised provided the agreement is sufficiently clear. The only exceptions to this are in those cases where mediation is inappropriate. These are generally cases:

which require a ruling on points of law;

where the refusing party believes the applicant to have been guilty of bad faith or sharp practice;

where injunctive relief or other such remedy is sought;

where the costs of mediation would be disproportionately high; or

where there has been unreasonable delay in seeking mediation.

Undoubtedly even in some of these cases mediation will be ordered and in other cases, not covered by these generally “inappropriate” areas, mediation may nonetheless be seen as inappropriate or utterly futile in that particular case.

The merits of the case
A party’s reasonable belief that he has a watertight case may make his refusal to undergo “CPR mediation” reasonable. One difficulty facing a party with a watertight case

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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