Subject
Costs of mediation after proceedings started - are they recoverable on later assessment?
See Mediation Update, July 2007, download below.
Subject
Costs sanction - how to approach the analysis as to whether there was or was not an unreasonable refusal to mediate and whether a cost sanction should be imposed.
Subject
Encouragement to mediate - costly litigation over who owned a patent.
Subject
Encouragement to mediate - before the re-trial of a professional negligence claim against a Doctor.
Subject
Costs - without prejudice and Part 36 offer - see Mediation Update, January 2006 below.
Subject
Confidentiality /without prejudice - alleged threats made during a mediation - whether or not outside the mediation to be determined at trial - in the meantime, injunction granted to maintain confidentiality
Subject
Costs sanction - following failure to agree to mediate at a time before the start of litigation - application of Halsey principles - see Mediation Update June 2005 download below.
Subject
Costs sanction - consideration, post Halsey, as to whether or not there had been an unreasonable refusal to mediate - consideration of "without prejudice" rule as to disclosure of documents going to consideration of any refusal to mediate
Subject
Costs sanction - court draws attention in clear terms to the parties and the Legal Services Commission of a failure to mediate despite encouragement to do so (following the decision in Halsey)
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