Farm Assist Limited (In Liquidation) -v- The Secretary of State for the Environment Food and Rural Affairs (No. 2) - Technology and Construction Court - The Hon. Mr Justice Ramsey - [2009] EWHC 1102 (TCC)
Compelling mediator's attendance at court - mediator's application to set aside witness summons refused - exceptional circumstances - discussion of the law relating to confidentiality and privilege in mediation
See Mediation Update, June 2009 below.
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.