Costs consequences of not mediating

by | Apr 10, 2015

Cases about the question of unreasonable refusal to mediate have shown that it is not safe for any litigant or their lawyers not to consider any suggestion of mediation from the other side. This is separate from the need to do substantive risk assessments throughout litigation to look at the down sides of continuing, particularly on costs, compared to a useful, peaceful and immediate outcome gained through mediation.

See PGF II SA v OMFS Company 1 Ltd [2013], Garritt-Critchley and Others v Ronnan and Solarpower PV Limited [2014] and Northrop Grumman Mission Systems Europe Ltd v BAE Systems (Al Diriyah C4I) Ltd (No 2) [2014].