Part 1: Mediation or expert determination? Emma Sadler considers the alternatives to litigation
Mediation is probably the most well known and widely promoted form of alternative dispute resolution (ADR). It enjoys the support of the courts and promotion by organisations such as the Centre for Effective Dispute Resolution. Some of the commonly accepted advantages of trying to resolve disputes by mediation are: its comparatively low cost; the speed with which a mediation can be arranged; the fact that the decision is consensual and not unilaterally imposed; and the potential confidentiality of both the mediation and any related settlement agreement.
The financial cost of mediation is usually low in comparison to litigation or other forms of ADR. However, it can cause parties to incur unnecessary costs in situations where there is little prospect of a settlement being concluded but they feel unable to refuse mediation outright because of the risk of cost sanctions. Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002, [2004] All ER (D) 125 (May) held
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