ALTERNATIVE DISPUTE RESOLUTION
Dislike and mistrust between parties should not prevent them
mediating
Garritt-Critchley & Ors v Ronnan & Anor
(2014)
This High Court decision penalising a party in costs for
refusing to mediate, demonstrates that refusing mediation is a high
risk strategy. Although not compulsory, the courts remain keen on
mediation and other ADR and parties should always bear this in mind
when litigating.
The dispute was over whether or not a binding agreement had been
reached. In the letter before claim, the claimant
(Garritt-Critchley) indicated that it would be prepared to resolve
the dispute via ADR. The defendants (Ronnan) indicated that they
did not wish to engage in mediation and subsequently, that they
were aware of the possible penalties for unreasonably refusing
mediation, but that they were extremely confident of their
position. They continued to refuse to mediate, even following
directions to trial which encouraged the parties to
