Implications of refusal to mediate

February 2013
Charlie Aitchison and

As required by the Court of Appeal in Dunnett v Railtrack Plc it is necessary for lawyers and litigants to consider ADR. Failure to do so may result in a costs penalty at court.

In Hurst v Leeming the High Court suggested that a refusal to mediate would be justified only in exceptional circumstances.

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