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Faidi, Hameed and Faidi, Inam - v – Elliot Corporation - Court of Appeal - [2012] EWCA Civ 287

Encouragement to mediate - a neighbour dispute - Lord Justice Ward: “…Not all neighbours are from hell. They may simply occupy the land of bigotry. There may be no escape from hell but the boundaries of bigotry can with tact be changed by the cutting edge of reasonableness skilfully applied by a trained mediator. Give and take is often better than all or nothing.”

More Cases

Subject
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.
Subject
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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