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29 January 2009 / Emma Sadler
Issue: 7354 / Categories: Features , Procedure & practice , ADR
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A quick fix or a long battle?

Part 1: Mediation or expert determination? Emma Sadler considers the alternatives to litigation

Mediation is probably the most well known and widely promoted form of alternative dispute resolution (ADR). It enjoys the support of the courts and promotion by organisations such as the Centre for Effective Dispute Resolution. Some of the commonly accepted advantages of trying to resolve disputes by mediation are: its comparatively low cost; the speed with which a mediation can be arranged; the fact that the decision is consensual and not unilaterally imposed; and the potential confidentiality of both the mediation and any related settlement agreement.

The financial cost of mediation is usually low in comparison to litigation or other forms of ADR. However, it can cause parties to incur unnecessary costs in situations where there is little prospect of a settlement being concluded but they feel unable to refuse mediation outright because of the risk of cost sanctions. Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002, [2004] All ER (D) 125 (May) held that the court could take into account a party's unreasonable

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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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