Subject
Adjournment of trial - application for various reasons, including to permit time for mediation - application refused
Subject
Costs sanction - consideration, post Halsey, as to whether or not there had been an unreasonable refusal to mediate
Subject
Lack of mediation - criticism - The Judge said that mediation would have narrowed the issues and avoided the need to deal in a public court with whether one or other of two witnesses must not be telling the truth.
Subject
Costs of mediation incurred pre-action - costs thrown away by refusal to attend a mediation agreed as part of the Pre-Action Protocol procedure can be recoverable.
Subject
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.
Subject
Reasonableness of a mediated settlement - relevance to claims against another party which was not a party to the settlement.
Subject
Privilege - where a court is asked to set aside a mediated settlement on the grounds of economic duress, there is no implied waiver of legal advice by the claimant
Subject
Agreement to mediate disputes - enforceability of agreement - necessity of mandatory obligation - other considerations as to ordering a stay of proceedings - see Mediation Update February 2009 download below.
Subject
Privilege, Confidentiality and Mediator Privilege - Defendant solicitors to a negligence action in relation to contract drafting work were refused disclosure of mediation papers in circumstances where the other party to the mediation, DEFRA, objected. DEFRA were not a party to the litigation but appeared at the hearing. Acknowledgement that Mediators may have privilege in their own papers. See Mediation Update May 2008 download below.
-1.png){kind=logo}
-640w.webp)
