Mediation - the new blackmail?

By Jane Hughes, Kendall Freeman

A series of recent cases has suggested that mediation is becoming a necessary step in the litigation process. A refusal to mediate will result in the courts making adverse costs orders against the recalcitrant party, although there are some limited circumstances in which the courts will uphold a refusal to mediate. In addition, it seems that where possible the courts will support contractual clauses which require parties to mediate.