Resources & Further Reading

Ed Llewelyn-Evans and Carrie Gothard consider recent english cases that encourage parties to consider a mediating their disputes (and why this is a commercial way to approach disputes).

https://www.macfarlanes.com/what-we-think/in-depth/2020/engage-with-alternative-dispute-resolution-or-face-the-costs-consequences/

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This article looks at a recent (2020) case in which the (UK) High Court disallowed 50% of a successful party's costs as a result of its unreasonable failure to engage in ADR.

https://hsfnotes.com/adr/2020/05/19/the-high-court-disallows-a-substantial-proportion-of-a-successful-defendants-costs-on-the-basis-of-an-unreasonable-refusal-to-mediate/

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This article looks at 2 recent (2020) cases in which the (UK) High Court imposed costs sanctions as a result of a party's unreasonable failure to engage in ADR, despite a party's (justifiable) belief in the strength of their case.

https://hsfnotes.com/adr/2020/05/05/two-recent-cases-illustrate-that-belief-in-a-strong-case-does-not-justify-refusing-to-engage-with-adr/

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This article looks at a recent (2020) case in which the (UK) High Court was willing to penalise a successful party in costs for an unreasonable failure to mediate, and considers the application of sanctions under the Halsey system.

https://mediate.co.uk/case-law/wales-t-a-selective-investment-services-v-cbre-managed-services-ltd-anor-2020-ewhc-1050-comm-30-april-2020/

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Article notes that (UK) courts already encourage mediation, and may penalise a party which unreasonably refuses to mediate, and suggests recent case - in which a court ordered Early Neutral Evaluation - may indicate increased willingness to order mediation.

https://mediate.co.uk/article/can-and-should-the-courts-force-parties-into-adr/?utm_source=NewZapp&utm_medium=email&utm_campaign=April1newsletter

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Suzanne Wharton and Naomi Park of DAC Beachcroft consider recent cases that indicate that the UK Courts are increasingly prepared to exercise their powers to compel parties to engage in ADR.

https://www.dacbeachcroft.com/en/gb/articles/2020/march/fully-charged-recent-decisions-where-the-court-has-been-positive-in-compelling-parties-to-engage-in-adr/

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A Herbert Smith Freehills article considers recent cases that indicate that the UK Courts are increasingly prepared to exercise their powers to compel parties to engage in ADR.

https://hsfnotes.com/adr/2020/03/23/post-lomax-v-lomax-two-recent-judgments-relating-to-adr-and-the-courts/

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