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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Topics:  Dispute Resolution, Mediation

Published In: Alternative Dispute Resolution (ADR) Updates, General Business Updates

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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