Be afraid if you are not willing to negotiate!


The cost consequences of failing to take part in mediation have been highlighted in strategy 2the recent High Court case of Garritt-Critchley, in which His Honour Judge Waksman QC (sitting in the Chancery Division, Manchester District Registry) awarded indemnity costs to the Claimants as a result of the Defendants’ consistent refusal to mediate; an approach which the Court deemed unreasonable.

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