The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
It is clear that an unreasonable refusal to mediate or engage in some other form of alternative dispute resolution (ADR) process may well render a party liable to costs penalties. For guidance on the principles the court will take into account in this respect, with particular reference to the decisions in Halsey v Milton Keynes and PGF II v OMFS, see Practice Note: Costs sanctions for refusal to mediate.
For a summary of decisions since Halsey:
where a costs penalty was imposed—see below
where a costs penalty was not imposed—see below
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