Time to mediate before it’s too late?
The recent decision in Garritt-Critchley and others v Ronnan and another reminds us that if a party to a dispute refuses to engage in a form of alternative dispute resolution (ADR) such as mediation, then a punitive costs order might be made against it.
ADR is a well-established part of modern litigation. The Civil Procedure Rules govern the way in which litigation is conducted and give the courts case management powers, which include ‘encouraging the parties to use an alternative dispute resolution procedure if the court considers that appropriate and facilitating the use of such procedure’.
Mediation is often characterised as a form of ‘structured negotiation’ in which the parties put their cases to a mediator and then seek to find a resolution to their dispute themselves. It is considered to be a flexible system since the process adopted is decided between the parties, and its findings are non-binding. For this reason, it can be used throughout the dispute resolution cycle, from the pre-action stage onwards — even during trial…
Click on the link below to read the rest of the Winckworth Sherwood briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Winckworth Sherwood
News from The Lawyer
Briefings from Winckworth Sherwood
In Southern v Britannia Hotels Ltd, an employment tribunal granted a significant award of £19,500 to a zero-hours worker who was subjected to harassment by her line manager.
In Williams and Leeds United Football Club the High Court considered whether the claimant was entitled to be paid 12 months’ notice pay, despite having been found by his employer to have sent pornographic images to three individuals five years earlier.