Arbitration & Mediation

Dunnett, Halsey and a guy called Milton

'Recently, I was involved in mediation where the only benefit was to increase the costs. During the course of a frustrating day, it became clear that our opponents would only settle at maximum value. Although this was not a novel experience, I started thinking about the usefulness of judicial warnings of the consequences of a refusal to mediate.

Why do people agree to mediate if they have no intention of reaching a compromise? The short answer is they know that a refusal to mediate may well result in their being penalised in costs, even if they are subsequently successful at trial'[read more]

For context read; Dunnett lives on - first thoughts on Halsey v Milton Keynes NHS

Full post as published by mediator blah...blah... on September 21, 2008 (boomark / email).