The judgement in Bristow v The Princess Alexander Hospital NHS Trust and others  EWHC B22 (Costs)again demonstrated the Courts’ support for mediation and reminded practitioners that if an offer to mediate is unreasonably rejected the rejecting party will be penalised.
In the above case it was held unreasonable to reject an offer to mediate in the event that a detailed assessment hearing had already been listed. At the hearing the rejecting party argued that the parties were too far apart in their offers to settle on costs for a mediation to be beneficial but again this was not accepted as a reasonable reason not to engage in mediation.
Serious consideration should be given to mediation throughout any claim and the process should be recognised as a valuable tool in dispute resolution which can save time, expense and the stress of litigation.
For mnore information regarding dispute resolution and mediation, contact Berwins on 01423 50900.