There have been a number of cases in which a refusal to mediate on the part of one party in a dispute has led to that party carrying the costs (at least in part) of the other party, even though the party which refused to mediate won the case. Recently, however, a case has suggested that there may also be adverse costs implications in the event that one of the parties unreasonably delays consenting to the commencement of mediation ‘until very late, when its chances of success are very poor’.
This is another example of the impatience shown by the courts to intransigent litigants.
If you have a commercial dispute, we can help you negotiate a satisfactory outcome.
Partner Note
Nigel Witham v Robert Smith and Jacqueline Isaacs (No 2). See http://www.bailii.org/ew/cases/EWHC/TCC/2008/12.html.