Judicial encouragement in litigation should not be taken lightly

Mediation may seem like a box-ticking exercise, but take heed of Lord Jackson's guidance not to ignore an offer of alternative dispute resolution, says David Greene

10 Dec 2013

Pour encourager les autres (to encourage the others), which perhaps means 'tough love', is now an ever-enveloping theme in judicial pronouncements, the decision in Mitchell v News International [2013] EWCA Civ 1537 being an example of this growing trend in litigation. When settling disputes by alternative means, however, ?the cold wind of judicial control ?has blown the hardest and the longest, all the way back to the Woolf reforms and Halsey v Milton Keynes General NHS Trust. Where are we now? And what ?is the practical effect of ?this 'encouragement'?

The...

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