
Mediation and the Consequences of a Refusal to Mediate
A mediation which results in a settlement requires participants who are principled yet willing to listen and negotiate in an earnest attempt to resolve the conflict in which they are involved. The process can be frustrating when one side is not prepared to engage in meaningful discussions. Courts in various jurisdictions have attempted to deal with this by awards of costs after trial.
English courts have encouraged the use of mediation to resolve litigation and have shown a