It has been an exciting 12 months for mediation. Judgments have come firing out of the courts thick and fast. Despite some mixed messages there is now no choice but to give serious consideration to all dispute resolution processes available before coming in front of a judge, regardless of the strength of the case or convictions, or the size and complexity of the dispute.
Two decisions of the Court of Appeal in 2002 make it clear that litigants who unreasonably refuse to mediate risk facing costs sanctions against them even if they win the case.
