Shirayama Shokusan Company Ltd v Danovo Ltd (No 2) - Mr Justice Blackburne - [2004] EWHC 390 (Ch) - Unreported
Attendance - Court order requiring attendance of particular people at mediation? - The court held that it had jurisdiction, in order to render a court-ordered mediation efficacious, to order a party to be adequately represented at the mediation; but it would be an exorbitant exercise of jurisdiction to direct by whom the Claimants should be represented.
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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