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McParland & Partners Ltd & Anor v Whitehead [2020] EWHC 298 (Ch) (14 February 2020)

Possible evidence of a changing judicial attitude to the role of the Court in encouraging mediation

The judge in this case raised the question as to whether Lomax v Lomax  meant that the court might also require parties to engage in  mediation  despite the decision in Halsey v. Milton Keynes General NHS Trust.  In the end, the parties agreed to a direction that a mediation was to take place which avoided the judge having to make such a decision.

This judgment is mentioned by Charles Gordon in his recent article on court encouragement of ADR.

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Consideration as to whether a failure to respond to an offer to mediate is, in itself, unreasonable conduct which should lead to cost sanctions. Costs awarded to the successful party on an indemnity basis despite failure to mediate.
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Costs decision. Consideration of validity of Part 36 offer and reasonableness of failure to mediate at an earlier stage.
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Indemnity costs ordered on basis that losing party failed to engage with offer to mediate.

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