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Judge urges parties to settle their differences away from court, including by mediation
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Judicial encouragement of mediation
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Party penalised in costs for failing to use best endeavours to resolve dispute.
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Costs decision. Judge's expectation that the parties will resolve the issues by ADR.
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Court ordered stay for mediation to be tried.
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Consideration of losing party's conduct in assessing interest rate applicable to judgment rate.
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Consideration as to whether refusal to mediate was unreasonable.
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Costs - request by successful party for recovery of costs of failed mediation
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Judge encouraging mediation
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Analysis of what makes ADR clause enforceable - consideration of Ohpen v Invesco