Case Law Database

Requirement to mediate - judicial review

Failure to mediate - implications for costs

Failure to mediate

Delay in mediating - costs

Refusal to mediate in context of application under s27A of the Landlord and Tenant Act 1985

Cost consequences of failure to mediate

Costs - privileged nature of costs information in mediation

Prejudice - without prejudice negotiations

Privilege - without prejudice negotiations

Settlement Agreement - a mediator emailed what he believed were agreed settlement terms. One party argued there was no settlement on those terms. The Judge said: "... The courts should be very reluctant to undo agreements reached with or through the offices of a mediator, and should take a realistic, if not mildly sceptical, view of parties who seek to avoid the consequences of such an agreement months, if not years, down the line."