Mediation

Binding effect of settlements following mediation

Haines v Carter , 2002, unreported, a decision of the Privy Council on appeal from New Zealand, concerned the proper interpretation of a mediation clause and the circumstances in which the mediators could be called upon to reopen the mediation. Unusually for Privy Council rulings, the case produced a division of opinion. While the case is very much confined to its facts, it demonstrates the viability of the use of mediation to reach a legally binding resolution of a dispute between the parties.