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Unreasonable refusal to engage in mediation
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Can a successful party’s costs entitlement be reduced by failure to engage in ADR
The extent to which a party engages in ADR is as much an issue in family proceedings as in any other proceedings; and principles for ADR in civil proceedings generally apply to family cases as to any other. In respect of costs orders the particular conditions which inhibit the discretion of family judges in children proceedings and in the Matrimonial Causes Act 1973 (MCA 1973) financial relief jurisdiction will inevitably impact on the costs consequences of a failure to take part unreasonably in mediation.
Laporte and Another v Commissioner of Police of the Metropolis [2015] EWHC 371 (QB) provided Turner J with an opportunity to review recent case-law on the extent to which failure to engage in alternative dispute resolution (ADR) may result in a party failing to recover costs where they might otherwise expect to do so. In
Laporte the claimants had lost and might normally have expected...
Read the full article here.
