The Court of Appeal has stressed that there are legitimate circumstances when mediation ?is not appropriate, but if a party is found to have unreasonably refused to mediate they ?may be penalised on costs, warn John Bramhall and Melissa Jones

In Lord Justice Jackson’s final report on civil litigation costs, he firmly stated that mediation in the English courts should not be compulsory. Mediation can be an extremely useful and efficient method of resolving disputes when used at the right time and for the right dispute.

The statistics of leading mediation organisations traditionally report its strong performance: CEDR’s ‘Fifth Mediation Audit’, published on 15 May 2012, reported that, of the mediators they contacted, 70 per cent of their cases settled on the day with another 20 per cent settling shortly thereafter. The pros of mediation include it being less destructive to ongoing business relatio...

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