Case Law Database

Costs sanction - where both parties are unreasonable in a mediation, there is no costs sanction. However, one party acting unreasonably would be in the same position as a party refusing to mediate and, therefore, at risk of a cost sanction. Note that privilege was waived by both parties.

Costs of mediation incurred pre-action - application for security for costs - not "costs of and incidental to the proceedings" under Section 51, Supreme Court Act, 1981 - costs not recoverable

Costs sanction - a party who succeeds in litigation may be prevented from recovering some of their legal costs from the other party if the successful party had unreasonably delayed a mediation - no such order was made on the facts of this case

Economic duress - setting aside mediated settlement agreement - preliminary issues only see Mediation Update, January 2008, download below.

Encouragement to mediate- the parties spent in the region of £100,000 arguing over a claim which was worth about £6,000

Costs of mediation after proceedings started - recoverable - court decided who should pay by looking at conduct in the mediation, the parties having waived privilege for that purpose

Privilege - disclosure to a third party, not a party to the mediation, was ordered - intervention in the proceedings by the mediator as to mediation privilege

Privilege - refusal to allow a party to rely on matters discussed in without prejudice meetings (not in a mediation)

Privilege - without prejudice negotiations - can the court look at negotiations in a mediation to see whether there was a concluded settlement? Mediation Agreement - can there be a settlement if it is not recorded in writing and signed by the parties?

Privilege in agreed experts' statement used in mediation does not exist