Why You Should Consider Mediation Before Litigating

Barny over a Barn

In June, an English court tackled the refusal by the (ultimately successful) defendants not to engage in mediation, with painful results for those defendants. (Conway v Conway & Anor [2024] EWCA Misc 19)

Exhibit A 👉🏼

The case arose out of a dispute between the parties over an agreement about the transfer of a property (a barn) from one party to the other. Specifically there was a question as to whether the party transferring the barn (the claimant) was to have an option to buy it back at some point in the future. An oral agreement was made in this regard but relations broke down when the parties tried to formalise matters through their solicitors.

Timeline