What if the case is already in litigation? What is the attitude of the courts towards mediation?
The courts both recognise and encourage mediation. The Civil Procedure Rules introduced in 1999 encourage active management of cases including “encouraging the parties to use an alternative dispute resolution procedure if the court considers that to be appropriate….” [CPR1.4 (2)(a)]. Courts have now become familiar with mediation, which is the most common form of alternative dispute resolution. Courts will almost always grant a stay (a delay of the court hearing) to allow mediation to take place. Judges have the power to recommend that mediation be considered if they think it is appropriate. Parties may be asked to explain to a judge why they have not mediated. If a case is not settled at mediation and subsequently returns to the court, the court has no right to enquire what happened within the mediation, they respect the confidentiality of the mediation process. If one party suggest mediation and the other party refuses, in some circumstances the refusing party may be penalised in cos
Related Questions
- What are some of the principal considerations in selecting whether to have a case determined through arbitration as contrasted with court litigation?
- What if the case is already in litigation? What is the attitude of the courts towards mediation?
- What are the principal differences between mediation, and arbitration or litigation?
