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02 August 2007 / Chloe Carswell
Issue: 7284 / Categories: Features , Mediation
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Inside mediation

When will courts waive the without prejudice rule for mediation? Chloe Carswell reports

The courts have wholeheartedly embraced mediation since it was enshrined in the Civil Procedure Rules in 1999. Case law including Dunnett v Railtrack plc (in railway administration) [2002] EWCA Civ 303, [2002] 2 All ER 850 and Burchell v Bullard [2005] EWCA Civ 358, [2005] All ER (D) 62 (Apr) demonstrates that the courts will not hesitate to apply costs sanctions to parties who unreasonably refuse to mediate.

The benefits of mediation are clear. It is a flexible process with a neutral third party who tries to facilitate a settlement of the dispute. It is a (relatively) cheap and swift method of dispute resolution which allows for creative solutions not otherwise available through the courts, and which allows for quasi-direct negotiation between parties. Perhaps most importantly, it is confidential, without prejudice and non-binding—unless and until there is a signed settlement agreement.

A FORM OF PRIVILEGE

The “without prejudice” rule exists to encourage parties to reach a settlement of a dispute without fear

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MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

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Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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