Mediation starts to grow teeth
A litigating party who fails to explore the possibilities of mediation may incur cost penalities at the end of his day in court. This is perhaps the main message to come from Martyn Liberson, of Lee Crowder, and Michael Lind, of the ADR Group: see
The article goes on to suggest that going down the mediation road can bring enormous savings of time and expense when dealing with such matters as boundary disagreements, complex dilapidation claims and allegations of professional negligence.
A question that was not raised in the article is whether mediation has to be ruled out where a major player is intent on playing hardball for serious money. We would welcome your views on this in our forum page.
Related item:
Mediation starts to grow teeth
A litigating party who fails to explore the possibilities of mediation may incur cost penalities at the end of his day in court. This is perhaps the main message to come from Martyn Liberson, of Lee Crowder, and Michael Lind, of the ADR Group: see Towards a resolution Estates Gazette 14 September 2002, p150, which takes us (novices all) step by step through the mediation process.
The article goes on to suggest that going down the mediation road can bring enormous savings of time and expense when dealing with such matters as boundary disagreements, complex dilapidation claims and allegations of professional negligence.
A question that was not raised in the article is whether mediation has to be ruled out where a major player is intent on playing hardball for serious money. We would welcome your views on this in our forum page.
Related item:
PP 2003/16
