Powell J appeared to be prepared to take a refusal to mediate into account on the question of costs - but would not as he was satisfied that the party that refused to mediate did not behave unreasonably in the circumstances. See my August 2022 article in the New Zealand Law Journal for analysis.
Le Couteur v Norris [2019] NZHC 2075
Read MoreThe case that may have conclusively put to bed the proposition that a court could not compel mediation carried out as part of the case-management process, relying on Halsey. See my August 2022 article in the New Zealand Law Journal for analysis.
Lomax v Lomax [2019] EWCA Civ 1467
Read MoreKatz J refusing to uplift costs just because of a refusal to attend pre-trial arbitration. See my August 2022 article in the New Zealand Law Journal for analysis.
Read MoreArticle explains the benefits of mediation, why some parties are initially reluctant to mediate, and considers whether parties should be forced to mediate.
https://www.stewartslaw.com/news/mediation-dispute-process-not-weakness-smart-business-sense/
Read MoreArticle considers 2 2017 UK Court of Appeal cases that consider when a court might and might not sanction a party for refusing mediation.
Read MoreArticle examines, with reference to recent cases, what parties should have in mind when considering whether to ignore an invitation to mediate.
Read MoreArticle considers, the circumstances when a party might be considered to have unreasonably refused to mediate and the current (2017) position being adopted by the (UK) courts.
https://www.fenwickelliott.com/research-insight/annual-review/2017/unreasonable-failure-to-mediate
Read MoreArticle considers UK Court of Appeal case that sets out when a court might and might not sanction a party for refusing mediation.
https://www.dentons.com/en/insights/articles/2017/july/18/refusing-to-engage-in-adr
Read MoreArticle considers UK Court of Appeal case that sets out when a court might and might not sanction a party for refusing mediation.
Read MoreArticle considers what options an employer has if an employee refuses to participate in a workplace mediation.
Read MoreArticle reports on recent (2016, UK) cases that indicate that an offer to mediate should not be declined without "good reason".
https://www.hfw.com/Shipping-Bulletin-June-2016
Read MoreArticle considers recent (2015/6, UK) cases that indicate that litigants who wish to have their day in court, and refuse mediation, may have to pay for it.
http://www.hfw.com/downloads/HFW-International-Arbitration-Quarterly-February-2016.pdf
Read MoreHeath J considered made an order for increased costs. A failure to genuinely commit to the mediation process was one of the factors that contributed to the finding. See my August 2022 article in the New Zealand Law Journal for analysis.
Milnes v Glenara Holdings Ltd [2013] NZHC 2057
Read MoreExamples of the High Court's occasional practice of accommodating a mediation window in the trial timetable. See my August 2022 article in the New Zealand Law Journal for analysis.
Waterco (NZ) Ltd v Simpson [2012] NZHC 2361
Read MoreFrench J awarded indemnity costs following "unreasonable conduct" relating to an aborted mediation. French J considered, Braeburn having committed to the mediation, that it was unreasonable for it to pull out at such a late stage. See my August 2022 article in the New Zealand Law Journal for analysis.
Braeburn Dairies Ltd v McGregor & White Electrical Ltd HC Dunedin CIV-2009-412-668, 16 December 2011
Read MoreHarrison J saying he was not satisfied that there was even jurisdiction to take into account an unsuccessful party’s refusal to mediate before trial as a factor justifying an award of increased costs. See my August 2022 article in the New Zealand Law Journal for analysis.
Leaderbrand Produce Ltd v Danfoss (New Zealand) Ltd HC Auckland CIV-2006-404-6531, 19 June 2008
Read MoreThe Hon Robert Fisher QC explains problems with the adversarial approach to dispute resolution, and suggests modifications to improve the process (such as greater judicial involvement in dispute resolution and encouragement of mediation)
Read MoreThe case that has dominated the debate over compulsion to mediate in the UK since 2004. See my August 2022 article in the New Zealand Law Journal for analysis.
Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576
Read MoreHeath J , although he did not deny the possibility of sanctioning a failure to mediate in costs, held that when a party has largely succeeded in its claims it would be rare to penalise that party in the recovery of costs simply because it did not attend a mediation. See my August 2022 article in the New Zealand Law Journal for analysis.
Glaister v Amalgamated Dairies Ltd (2003) 16 PRNZ 536 (HC)
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