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ARTICLE · 24 JANUARY 2024

Do You Have To Mediate? Almost Certainly… Yes

Gowling WLG
Gowling WLG
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Gowling WLG

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For the last 20 years, the courts in England and Wales have been guided by the Court of Appeal decision in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 (11 May 2004)...

United KingdomLitigation, Mediation & Arbitration

For the last 20 years, the courts in England and Wales have been guided by the Court of Appeal decision in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 (11 May 2004) when it comes to requiring parties to civil litigation disputes to engage in alternative dispute resolution (ADR), including mediation. The position has been clear - courts have been able to encourage, but not compel parties to engage in ADR.

That has been changed by the highly anticipated Court of Appeal decision in James Churchill -v- Merthyr Tydfil County Borough Council - Courts and Tribunals Judiciary [2023]. The judgment confirms what many were expecting; the court does have the power to stay proceedings and compel parties to engage in ADR.

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