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27 March 2026 / Edward Nyman
Issue: 8155 / Categories: Features , Mediation , ADR
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Refusing to engage?

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Edward Nyman considers recent themes emerging in cases where parties turn down mediation
  • Parties should carefully consider any offer to mediate, particularly where there is potential to reduce time and costs.
  • Churchill strengthened judicial encouragement for parties to engage in ADR while Halsey principles still determine whether refusal is unreasonable.
  • Costs sanctions remain exceptional and fact‑sensitive; the losing party has the burden to show unreasonableness.
  • In recent case law, courts have found refusal reasonable where the claim was unfounded and where mediation would have been unsuccessful.

It is well established that parties are expected to engage seriously with alternative dispute resolution (ADR) at sensible points in the litigation timetable. The advantages of ADR in terms of both time and costs are well known, although not all cases are suitable.

Recent case law has considered whether a party’s refusal to participate is unreasonable so as to attract adverse costs consequences. Refusal is not automatically unreasonable; rather, the court will assess the claim’s merits, proportionality, timing and the parties’ conduct, looking

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NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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