Mr Justice Baker reaffirms the statement made by Thorpe LJ in
Al Khatib v Masry [2004] EWCA Civ 1353 [2005] 1 FLR 381 at paragraph 17:
“there is no case, however conflicted, which is not potentially open to successful mediation, even if mediation has not been attempted or has failed during the trial process”
We have often found that parties may have been unable to settle in a mediation in the early stages of a dispute and are jaundiced about the idea of trying mediation again. However when the position has reached a run up of costs exceeding the value of any possible damages and not only the clients but also the conducting solicitors are against a wall in relation to their costs, then mediation becomes an imperative.
All that mediation needs for settlement is for parties and their solicitors to be truly willing to settle and able to listen to hear how it can settle.
We agree with the Judges above that mediation can always work. Often even if one party is not genuinely willing to settle at the outset, they still change if they can buy into the process and then find a way.