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12 November 2021 / Tony Allen
Issue: 7956 / Categories: Features , Procedure & practice , ADR , Mediation
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The final demise of Halsey? Pt 3

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Parties brave (or foolhardy) enough to reject mediation who get their risk assessment wrong are extremely likely to face tough sanctions, as Tony Allen explains
  • What difference the introduction of a power for courts to order unwilling parties to mediate or utilise some other form of (A)DR such as private or judicial neutral evaluation could make.
  • The recruitment of judges with extensive personal experience of mediation, whether as advocates or as mediators, is inevitably going to modify their approach to parties who decline to try the process.

In Parts 1 and 2 of this series, the authority of Halsey as to whether judges could in law order unwilling parties to engage in (A)DR was examined in the light of the Civil Justice Council’s (CJC’s) June 2021 report Compulsory ADR (see NLJ, 8 October 2021, p17, and NLJ, 15 October 2021, p13). Many have regarded this part of the Halsey judgment as being obiter, since the appeal itself was not about failure to mediate when judicially

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NLJ this week: Renters’ Rights revolution begins—brace for tribunal chaos

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

NLJ this week: Civil procedure gets a spring overhaul
Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
NLJ this week: Why GP complaints are going nowhere
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
NLJ this week: Prenups meet a jurisdictional brick wall
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
NLJ this week: Has Rylands v Fletcher come back from the dead?
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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