The Hon Robert Fisher QC explains problems with the adversarial approach to dispute resolution, and suggests modifications to improve the process (such as greater judicial involvement in dispute resolution and encouragement of mediation)
Read MoreThe case that has dominated the debate over compulsion to mediate in the UK since 2004. See my August 2022 article in the New Zealand Law Journal for analysis.
Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576
Read MoreHeath J , although he did not deny the possibility of sanctioning a failure to mediate in costs, held that when a party has largely succeeded in its claims it would be rare to penalise that party in the recovery of costs simply because it did not attend a mediation. See my August 2022 article in the New Zealand Law Journal for analysis.
Glaister v Amalgamated Dairies Ltd (2003) 16 PRNZ 536 (HC)
Read MoreExamples of the High Court's occasional practice of accommodating a mediation window in the trial timetable. See my August 2022 article in the New Zealand Law Journal for analysis.
Braid Motors Ltd v Scott (2001) 15 PRNZ 508 (HC)
Read MoreThe Court of Appeal holding that, in the absence of some particular compelling circumstance demonstrating the general rule was not appropriate, a mere failure to resort to ADR was not sufficient to lead to an award of adverse costs.
See my August 2022 article in the New Zealand Law Journal for analysis.
Beadle v M & L A Moore Ltd [1998] 3 NZLR 271 (CA)
Read More