Taylor Wimpey UK Ltd v Harron Homes Ltd [2020] EWHC 1190 (TCC)

Applicant applied for pre-action disclosure after Respondent had attempted to have dispute determined in accordance with expert determination clause as contained in the contract between the parties.  Court held that it appeared that Applicant was trying to frustrate the operation of this contractual mechanism.  Judge was of the view that ADR "has a vast number of advantages to parties to commercial agreements" (para 41).  The Court obiter comments were that this was a dispute that should be determined under the expert determination clause and that this clause should not be frustrated by the Court granting the application (para 54).  Would a mediation clause be viewed in the same way?