Refusal to mediate: a risky strategy

Can a party in litigation say ‘no’ to mediation?  In Northrop Grumman Mission Systems Europe Limited v BAE Systems Limited the Technology & Construction Court found the Defendant’s refusal to mediate was unreasonable.  However, that was cancelled out by the fact that the Claimant refused to  properly consider and engage with a settlement offer. The case contains interesting commentary about whether a party to litigation can legitimately say ‘no’ to mediation and what the consequences of that might be.

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