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Balfour Beatty Construction Northern Limited –v- Modus Corovest (Blackpool) Limited – Technology and Construction Court – Mr Justice Coulson - [2008] EWHC 3029 (TCC)

Agreement to mediate disputes - enforceability of agreement - necessity of mandatory obligation - other considerations as to ordering a stay of proceedings - see Mediation Update February 2009 download below.

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Consideration as to whether a failure to respond to an offer to mediate is, in itself, unreasonable conduct which should lead to cost sanctions. Costs awarded to the successful party on an indemnity basis despite failure to mediate.
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Costs decision. Consideration of validity of Part 36 offer and reasonableness of failure to mediate at an earlier stage.
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Indemnity costs ordered on basis that losing party failed to engage with offer to mediate.

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