Resources & Further Reading

An article from Hill Dickinson provides a reminder of the necessity for parties to engage in ADR and mediation and the costs consequences that will be imposed on those parties that fail to engage.

https://www.hilldickinson.com/insights/articles/mediation-–-reminder-take-part-or-face-consequences

Ed Llewelyn-Evans and Carrie Gothard consider recent english cases that encourage parties to consider a mediating their disputes (and why this is a commercial way to approach disputes).

https://www.macfarlanes.com/what-we-think/in-depth/2020/engage-with-alternative-dispute-resolution-or-face-the-costs-consequences/

This article looks at a recent (2020) case in which the (UK) High Court disallowed 50% of a successful party's costs as a result of its unreasonable failure to engage in ADR.

https://hsfnotes.com/adr/2020/05/19/the-high-court-disallows-a-substantial-proportion-of-a-successful-defendants-costs-on-the-basis-of-an-unreasonable-refusal-to-mediate/

This article looks at 2 recent (2020) cases in which the (UK) High Court imposed costs sanctions as a result of a party's unreasonable failure to engage in ADR, despite a party's (justifiable) belief in the strength of their case.

https://hsfnotes.com/adr/2020/05/05/two-recent-cases-illustrate-that-belief-in-a-strong-case-does-not-justify-refusing-to-engage-with-adr/

This article looks at a recent (2020) case in which the (UK) High Court was willing to penalise a successful party in costs for an unreasonable failure to mediate, and considers the application of sanctions under the Halsey system.

https://mediate.co.uk/case-law/wales-t-a-selective-investment-services-v-cbre-managed-services-ltd-anor-2020-ewhc-1050-comm-30-april-2020/