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ADR-Litigation-and-cost-consequences-by-3PB-Barristers.pdf
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🔗 Source: 3pb.co.uk
📊 Size: 347 KB
👤 Author: David Parratt QC and Rebecca Farrell
⬇️ Downloads: 94

Summary

The English courts increasingly suggest that mediation should be seriously considered before and during litigation, with failure to do so potentially resulting in adverse cost consequences, even for successful parties. While courts cannot compel mediation, a party's unreasonable refusal to engage in Alternative Dispute Resolution (ADR) may impact costs, with factors such as the nature of the dispute, merits of the case, and prospect of success considered. The duty to consider ADR is part of the overriding objective, and litigators must discuss ADR with clients and consider its potential. Recent cases, including BXB v Watch Tower and DSN v Blackpool, demonstrate that unreasonable refusal to engage in ADR can lead to indemnity costs orders, highlighting the importance of responding to invitations to mediate and participating in the ADR process. The COVID-19 pandemic has not diminished the need for mediation, with the Civil Mediation Council and Cabinet Office encouraging responsible contractual behavior and the use of ADR to resolve disputes.

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The English courts increasingly suggest that mediation should be seriously considered before and during litigation, with failure to do so potentially resulting...

Technical Information

  • File Format: PDF
  • File Size: 347 KB
  • Pages: 6
  • Language: EN
  • Author: David Parratt QC and Rebecca Farrell
  • Total Downloads: 94
  • Last Updated: 11 hours ago

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