CIArb Features

The dangers of refusing to mediate

02 Jan 2018

Can you insist on your day in Court? The dangers of refusing to mediate

2 January 2018

Tom White and William Glynn of Clyde & Co LLP provide comment on the implications of recent Court decisions on parties contemplating the merits of engaging in alternative dispute resolution (ADR).

It is a long-standing principle endorsed by the Courts that parties to litigation should seek to resolve their differences without recourse to contested hearings. Claims which could (and should) be settled but are instead taken all the way through to judgment represent an enormous use (and sometimes waste) of public resources, creating pressure and delays in respect of perhaps more complex matters which can only be determined by a Judge. Limiting the costs of litigation is also at the forefront of the Court's procedural objectives, and requirements or encouragement to consider ADR are, for example, contained in the Pre-Act