REAL INSIGHT – Property Update – December 2013

Mediation motivation

The Court of Appeal has sent an important message that parties involved with litigation must engage with a serious invitation to take part in alternative dispute resolution, even if they have reasons which might justify a refusal to meet with their opposition.

In a recent dilapidations case, the claimant landlord invited the defendant tenant to mediation, but the tenant did not respond to this offer to negotiate. Both parties had made offers to settle and an agreement was eventually reached on the eve of the trial, with just the costs of the litigation to be determined by the court.

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