Mr Justice Lightman said that the use of mediation is being stifled by the Court of Appeal’s decision in Halsey, in which it laid out that parties could not be forced into mediation and that the burden for ‘proving reasonableness’ over refusing to mediate is not on the party that refused [read more].
Whilst one might follow that logic, he went way to far when he advocated ‘forcing people to go to mediation before a trial’ – a recipe for disaster – such an approach in mainstream civil/commercial courts being consistently opposed by this blog.
Confirmation enough that the Judiciary should stick to their knitting, whether they are still in the saddle or looking for a retirement project.
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