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The attitude of the courts to mediation (England and Wales)
Practical Law UK Practice Note 4-203-8725 (Approx. 37 pages)
The attitude of the courts to mediation (England and Wales)
This note examines the court rules and the powers of the court in relation to mediation in England and Wales. It considers the court's power to order parties to mediate following the decision in Churchill v Merthyr Tydfil [2023] EWCA Civ 1416 and the scope of ADR orders, as well as costs sanctions for refusing to mediate and what may constitute reasonable or unreasonable refusals applying the Halsey principles. It contains guidance on solicitors' obligations to advise their clients in respect of mediation, as well as the requirements for mediation and ADR in the different court guides and under court schemes.
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