Mediation – without prejudice negotiations and waiver of privilege

In the Matter of a Company High Court (Ch), 1 November 2005 (unreported)

Mediation is becoming an evermore daily occurrence as a means of dispute resolution. While not mandatory, many judges now expect the parties to have attempted mediation in the absence of special circumstances. If a party unreasonably declines to mediate, there is a high risk of adverse cost consequences, whatever the outcome.