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
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  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'?
This article is part of our subscription-based access. Please pick one of the options below to continue.
Already registered? Login to access premium content
The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.
To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on firstname.lastname@example.org.