Refuse Mediation at Your Peril


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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