The Costs Consequences of Refusing Mediation – Are the Courts Going Soft on Sanctions?

Introduction This month David Watkinson reflects on the case-law he has described previously in his blogs on this topic and notes that a reader could have drawn the conclusion that any proposal to mediate had better be complied with or costs consequences will follow. However, more recently, David finds the approach, particularly at High Court […]

AGREEING TO MEDIATE – BETTER LATE THAN NEVER

Background The latest twist in the issue of cost consequences for a party which has refused a proposal to mediate a dispute has been played out in a specific ruling on costs by Mr Justice Arnold in Shakir Ali and Anr v Channel 5 Broadcast Ltd [2018] EWHC 840 on 28th April 2018.