Q&As

Is there any authority which indicates whether it is reasonable to refuse ADR/meditation in circumstances where—i) the defendant claims the claim is time-barred and ii) a preaction meeting/negotiation has already taken place (in compliance with the Construction and Engineering Protocol)?

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Published on LexisPSL on 05/06/2018

The following Construction Q&A provides comprehensive and up to date legal information covering:

  • Is there any authority which indicates whether it is reasonable to refuse ADR/meditation in circumstances where—i) the defendant claims the claim is time-barred and ii) a preaction meeting/negotiation has already taken place (in compliance with the Construction and Engineering Protocol)?

Is there any authority which indicates whether it is reasonable to refuse ADR/meditation in circumstances where—i) the defendant claims the claim is time-barred and ii) a preaction meeting/negotiation has already taken place (in compliance with the Construction and Engineering Protocol)?

When considering whether it may be reasonable to refuse ADR or mediation, it is important to consider the factors that the courts will take into account when deciding whether to impose consequences on a party for such a refusal. In terms of costs, the court will have regard to the conduct of the parties, including in particular the efforts made, if any, before and during the proceedings in order to try to resolve the dispute.

For an overview of the requirements in relation to ADR and in particular summaries of the relevant authorities regarding the impact of a refusal to

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