Solicitor and CEDR mediator Tony Allen concludes his four-part series on the future of litigation, in this week’s NLJ. The dynamics of dispute resolution are changing, with the focus firmly on resolution rather than litigation, but could the courts, post-Halsey, have the power to order parties to attend mediation or some other form of dispute resolution?
Allen looks in depth at the post-Halsey litigation landscape, considering costs, sanctions and pre-issue settlement. He writes: ‘Costs sanctions become far less relevant in a world where judges can order (A)DR prospectively. If a party could have sought a court order for (A)DR during the action, they might well be challenged if they seek a costs sanction for an earlier refusal to mediate at the end of a trial.’
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