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Lomax v Lomax (Referral to Early Neutral Evaluation) [2019] EWHC 1267 (Fam)

Consideration of whether court can order parties to mediation / Early Neutral Evaluation

Although not strictly related to mediation, this family court decision considers the court's powers in encouraging (or ordering) reluctant parties to take part in ADR with particular reference to Early Neutral Evaluation and FDR.  The judge makes some comment of the differences between these processes and mediation.

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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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