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Case Law Database

This case law database, which lists judgments relevant to mediation, was first begun by David Cornes.
Subject
Costs sanction following failure to agree to mediate - principles to be applied; compulsion by court to mediate - mediation will not be forced on parties (but there may be cost sanctions).
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Costs sanction - following the exhortation to mediate of lower tier Judge
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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.
Subject
Compulsion by court to mediate - order to mediate made against unwilling party (following the decision in Halsey)
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Costs sanction - party withdrew from mediation after appointment of mediator and delivery to him of submissions (see Halsey)
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Costs sanction following failure to agree to mediate - not applied on grounds that mediation was not appropriate on these facts (see Halsey)
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Agreement to mediate disputes - enforceability of agreement - adjournment of application until after mediation
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Insolvency - agreement reached in mediation - enforceable (changing the decision in Thakrar -v- Thakrar - Court of Appeal - [August 2002] EWCA Civ 1304)
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Costs sanction following failure to agree to mediate - not applied on grounds that mediation was not appropriate on these facts (see Halsey)

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