Must you mediate?

Much though the mediation group at Three Stone encourages mediation, its members recognise that there are cases where refusal to mediate or engage in some other form of ADR may be justified, and a party may, without fear of costs consequences, simply take the view...

Mediation: questions and answers

Can I be forced to mediate? The short answer is no, not at the moment, although the courts are increasingly strong in recommending mediation and may punish a party in costs if that party unreasonably refuses to engage in mediation. It is likely to become compulsory in...

Mediation and costs: some recent cases

While the debate goes on as to whether, or when, mediation will become compulsory before going to trial, the case law lurches this way and that when it comes to reflecting in costs orders the court’s displeasure at failing to engage properly with ADR. Three recent...

Case analysis: Invenia v Hudson [2024] EWHC 1302 (Ch)

ICC Judge Barber’s judgment in Invenia Technical Computing Corporation & Anor v Matthew Hudson [2024] EWHC 1302 (Ch) deals with costs issues arising out of a number of related applications including a successful one by Invenia to restrain the presentation of a...
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