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Introduction The Duty to Mediate ADR is not mandatory The effect of CPR 1.3 Government Pledge Case management powers Pre-action protocols Protocols Practice Direction Failure to comply References to ADR in the protocols Professional Negligence Protocol Court Guides ADR Orders Commercial Court Order Clinical Negligence Order Effect of failing to comply with an ADR Order Costs Sanctions and Burden of Proof Without Prejudice Correspondence
Factors indicating refusal was unreasonable Nature of the Dispute Merits of the Case Use of other settlement methods Costs of Mediating Effect of Delay Whether the mediation had a reasonable prospect of success Relevant Court Decisions Cases penalising claimants for failing to negotiate Cases penalising parties for failing to mediate Cases where a refusal to mediate was reasonable Appendix 1 Appendix 2
This is a factor of particular importance where the sums at stake in the litigation are comparatively small. Mediation can sometimes be at least as expensive as a day in court (see Steel v Joy).
