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Settlement Agreement - on the facts, the Judge found that the mediation had ended on the date fixed for the mediation even though the mediator continued to be involved thereafter until a settlement reached.
On that basis, the Judge found that the requirement in the mediation agreement that the settlement had to be in writing and signed before it was binding did not apply and he went on to decide that there was a settlement here in telephone calls through the mediator.
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Costs Sanction - an offer to enter into mediation was not unreasonably refused and no cost sanction was applied
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Agreement to mediate disputes prior to arbitration - unenforceable - no mediation procedure/rules in the agreement - cf Cable & Wireless PLC -v- IBM United Kingdom Limited - Mr Justice Colman - [2002] EWHC 2059 (Comm)
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Costs sanction- the defendant successfully defended a claim in negligence. Its refusal to mediate, on the grounds that the claimant’s case had been without merit, was held to be a reasonable refusal and no costs sanction was imposed.
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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.”
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Costs Sanction - unreasonable refusal to mediate was taken into account - see Court of Appeal decision at October 2013 (above)
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Costs Sanction - offers to enter into settlement negotiations or mediation were unreasonably refused.
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Costs Sanction- the RSPCA’s reluctance to mediate the case was described as “unreasonable” and indemnity costs were ordered against the RSPCA on part of the claim
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Encouragement to mediate- in circumstances where Mott’s cost estimate to the end of a sub-trial was £27,494,500 and Brookfield’s was £45,695,000, a total cost estimate of £73,189,500
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Adjournment of trial - application for various reasons, including to permit time for mediation - application refused
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