LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
An authoritative and practical guide which not only explains the principles and process of family...
'… In my judgment, the time has now come for this court firmly to endorse the advice given in para 11.56 of the ADR Handbook , that silence in the face of an invitation to participate in ADR is, as a general rule, of itself unreasonable, regardless whether an outright refusal, or a refusal to engage in the type of ADR requested, or to do so at the time requested, might have been justified by the identification of reasonable grounds.'Turner J considered at length the failures of the defendants to engage in the mediation process, and then went on carefully to consider the Halsey factors listed above. In particular he said that the case was not one (argument on a point of legal principle) whose ‘nature… made it unsuitable for mediation’ (para ); and that there was a reasonable chance that mediation might have been successful in whole or in part (). He reduced the costs award against the claimants by a third (para ).