Costs sanctions and refusal to mediate

Costs sanctions and refusal to mediate

Painting translation questionOur subscriber content this month continues our mediation theme, following on from our partnership with 4 New Square for their event cultural differences in mediation.

It is clear that more needs to be done to increase the use of mediation across Europe, which can make the resolution of disputes quicker, cheaper and less acrimonious for the parties involved.

Costs sanctions for refusal to mediate

This Practice Note addresses the court’s powers to encourage parties to resolve their disputes through mediation. The leading case is Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, [2004] 4 All ER 920 which established the principles to be applied by the court in deciding whether to impose costs sanctions.

We also look at how the courts have applied those principles since Halsey and when the courts have sanctions parties in costs.

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