Refuse Mediation at Your Peril

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Analysis of Recent Developments in Mediation / ADR:

Discussion of the Court of Appeal decision of Rolf -v- De Guerin [2011] regarding a building dispute, where the builder was penalised for refusing to mediate.

Consideration of the European context and The Mediation Directive (2008/52/EC) regarding all cross-border disputes. Under Article 6, mediation settlements should be enforceable by way of a new “mediation settlement enforcement order”. Amendments are under way to implement this domestically in to the CPR. The EU has promoted the development of an online ADR system for e-commerce transactions, and recommended ADR for the financial services sector.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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