To Mediate or Fight, the Choice is Yours; or is it?

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The case of Halsey v. Milton Keynes General NHS Trust [2004] 1 WLR 3002 was a landmark case on the way in which the courts treated mediation. That case clarified that an unreasonable refusal to participate in alternative dispute resolution, such as mediation, was a form of unreasonable litigation conduct, to which the court may respond by imposing costs sanctions.

The court in Halsey also developed non-exclusive guidelines likely to be relevant in deciding whether a particular refusal to participate in mediation was unreasonable. Those guidelines require a court to consider the following factors...

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