Mediation Case Law Update
The Courts have reiterated in the recent case of PPGF II SA and OMFS Company no 1 Limited that failing to respond to an invitation to participate in alternative dispute resolution (ADR), in this case a proposal to mediate, was unreasonable, regardless of whether or not there was, in the view of the party refusing to mediate, a good reason to do so. In the circumstances, where ADR is proposed, it cannot be ignored and careful consideration has to be given as to whether or not the reasons for refusing to participate are reasonable. In the above case the Defendant were not allowed to recover part of their costs.
If you’d like any more information on mediation or other forms of dispute resolution, please contact Peter Corrigan.