Judicial Approval of Mediation

by | Jan 12, 2015

Judicial Approval of Mediation
Many will be aware of the judgement made by Mr Justice Norris in a Boundary Dispute in October 2014. In particular see paragraphs 21 to 25.
In paragraph 22 Mr Justice Norris echoes the words of Sir Alan Ward in Oliver v Symons [2012] EWCA Civ 267:
“I wish particularly to associate myself with Elias LJ’s pointing out that this is a case crying out for mediation. All disputes between neighbours arouse deep passions and entrenched positions are taken as the parties stand upon their rights seemingly blissfully unaware or unconcerned that they are committing themselves to unremitting litigation which will leave them bruised by the experience and very much the poorer, win or lose. It depresses me that solicitors cannot at the very first interview persuade their clients to put their faith in the hands of an experienced mediator, a dispassionate third party, to guide them to a fair and sensible compromise of an unseemly battle which will otherwise blight their lives for months and months to come.”
Also see the whole of paragraph 24 where Mr Justice Norris starts ‘I think it is no longer enough to leave parties the opportunity to mediate and to warn of costs consequences if the opportunity is not taken.’
Thank you to the Civil Mediation Council for this reminder

Thank you to the Civil Mediation Council for this reminder