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06 November 2008
Issue: 7344 / Categories: Features , Procedure & practice
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Part two: Erich Suter on the move towards enforced mediation

Increasingly courts are coming to accept that they do have the power to enforce agreements to mediate and it seems that nowadays it is likely that that power will be exercised provided the agreement is sufficiently clear. The only exceptions to this are in those cases where mediation is inappropriate. These are generally cases:

which require a ruling on points of law;

where the refusing party believes the applicant to have been guilty of bad faith or sharp practice;

where injunctive relief or other such remedy is sought;

where the costs of mediation would be disproportionately high; or

where there has been unreasonable delay in seeking mediation.

Undoubtedly even in some of these cases mediation will be ordered and in other cases, not covered by these generally “inappropriate” areas, mediation may nonetheless be seen as inappropriate or utterly futile in that particular case.

The merits of the case
A party’s reasonable belief that he has a watertight case may make his refusal to undergo “CPR mediation” reasonable.

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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