Chat with us, powered by LiveChat

Re Gard (A Child) [2017] EWHC 1909

Encouragement to mediate

Encouragement to mediate - Court's view (at para 20) that mediation should be attempted in all cases such as this one (where the medical care for a minor was being challenged).  The Court was of the view that even if the mediation does not achieve settlement it will lead to a greater understanding by the parties of each other's positions.  Mr Justice Francis had already suggested mediation in the final paragraph of an earlier decision in this case in April 2017:  http://www.bailii.org/ew/cases/EWHC/Fam/2017/972.html

This case was considered in an article by Mark Jackson-Stops which can be found here: https://mediate.co.uk/article/the-tragedy-of-charlie-gard/

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.
Subject
Indemnity costs ordered on basis that losing party failed to engage with offer to mediate.

accreditations & partnerships