Subject
Court of Appeal decision considering the without prejudice nature of statements made at mediation.
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Use of Court's powers under FPR Part 3 to encourage parties to consider and enter non-court dispute resolution.
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Costs decision following Part 36 offer. Reasonableness of refusal to enter into settlement negotiations
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Judicial encouragement of mediation/ADR in residential property disputes.
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Mediation privilege; Family law
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Role of lawyer at mediation
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Consideration of the exceptions to the without prejudice rule
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No sanctions for failure to mediate.
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Law applicable to agreement to arbitrate - relevant to agreement to mediate in a multi-tiered dispute resolution clause
Subject
Failure to mediate - no costs consequences