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| Dispute between members of an association. Court stayed action and ordered both parties to provide lists of 6 people who might act as mediator in the dispute. Claimant sought to set order aside asserting a denial of justice. Held : merely a reasonable way of finding out if anyone acceptable to both parties. Still required an order by court to mediate, not an order to mediate. Setaside denied. CA. 20th May 1999. |
| by Ward LJ; Chadwick LJ. Crown Copyright |
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| Court advised ADR - this was a bitter neighbour dispute - with very little grounds for appeal. Much expense involved in appeal - neighbourly relations would be best served by a negotiated settlement. Application to appeal from Epsom County Court (His Honour Judge Hill). Application adjourned - 1st instance judge did not have the benefit of seeing a skeleton argument. Inter partes appeal to follow. Two LJs, one with Chancery experience. Costs in the appeal. 25th March 1999. |
| by Ward LJ. Crown Copyright |
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| Emotional discharge : Family dispute : Mediation requested by the father and recommended by the court, to enable the father to discharge emotions on an independent third party and to open the way to a resolution beneficial to the son caught in the middle of the parent's dispute. CA. 19th April 1999. |
| by Henry LJ; Ward LJ. : Crown Copyright |
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| Calderbank offer : Costs : The value of an offer for the purpose of costs under CPR 44 is the balance between the sum offered less the value of deducted benefits. The CA will only interfere with a judge's discretion to order costs if he is plainly wrong or has erred in principle. 28th May 1999. |
| by Stuart-Smith LJ; Laws LJ; Mr Justice Jonathan Parker. Crown Copyright |
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| Mediation Advised : Acrimonious dispute between car owner and garage. Despite background, given value of claim and high legal costs, C.A. proposed mediation. 12th February 1999. |
| by Evans LJ : Mr Justice Hidden. Crown Copyright |
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| Confidentiality and negotiation. Chancery Division. 21st December 1999. |
| by His Honour Judge LLoyd : Crown Copyright |
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| Appeal settled matter of construction of a contract, leaving the dispute alive. ADR recommended to settle that matter. CA. 6th July 1999 |
| by Woolf LJ, Clarke LJ, Mance LJ. Crown Copyright |
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| Court refused to injunct mediation proceedings at behest of a co-defendant since by simply refusing to attend he could frustrate the entire process inanycase. High Court. Ireland. 7th July 1999. |
| by Carroll J. |
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| Court ruled that given the bad feeling between the parties and lack of mutual trust there were no prospects of ADR being successful. Stay refused. Costs ordered on indemnity basis at previous hearing and reconfirmed. Chancery Division : 20th October 1999. |
| by Mrs Justice Arden : Crown Copyright |
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| A lapsed offer at the time of trial can still be taken into account for a costs order. CA : 2nd July 1999. |
| by Peter Gibson LJ, Judge LJ, Waller LJ. Crown Copyright |
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| Professional conduct in mediation : Community mediator, in disregard of rules of community mediation service provider engaged in family mediation in an unprofessional manner. 28th May 1999. |
| by Lord Justice Henry ; Mr Justice Holman. Crown Copyright |
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| Settlement offers : Admissibility : Piercing the veil : CA. 15th March 1999. |
| by Otton LJ, Aldous LJ. Crown Copyright |
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| Court advised mediation : In a case where neither party could really afford the appeal trial costs the CA strongly urged the parties to mediate, despite the high levels of distrust. 23rd July 1999 |
| by Mrs Justice Arden. Crown Copyright |
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| Mediation : CAB : Pro-bono services : Inter-family business dispute. Appeal as to whether a collateral promise legally enforceable. CA. 17th June 1999. |
| by Otton LJ; Rober Walker LJ. Crown Copyright |
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| Mediation recommended in lieu of appeal. On appeal evidence was rulled admissible which was not accepted at first instance. Application to appeal granted. In light of the admissibility, mediation commended. CA. 14th April 1999 |
| by Peter Gibson LJ; Mr Justice Blofeld. Crown Copyright |
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| Without prejudice - Privilege. Terms of without prejudice settlement agreement not available to defence lawyers in subsequent litigation. CA. 10th December 1999. |
| by Evans LJ; Judge LJ. Crown Copyright |
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| Costs: : CPR : ADR advised :PI ?asbestosis claim : Retrial ordered : Deceased trial judge failed to provide reasons : Case finely balanced. ADR recommended with costs warning. 22nd November 1999. |
| by Lord Justice Ward : Crown Copyright |
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| Without prejudice - expert witness meetings : Held : Communications between experts seeking to reach an agreed view are privileged, but the terms of the agreement are not. 1st February 1999. |
| by His Honour Judge Bowsher. Crown Copyright |
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| Court Mediation Scheme : Adjournment granted : Court urged parties to mediate. CA. 19th January 1999. |
| by Evans LJ; Thorpe LJ. Crown Copyright |
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Application for expedited appeal repelled. A full hearing required. 10th February 1999.
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| by Lord Justice Evans ; Mr Justice Hidden. Crown Copyright |
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| Possession order sought for default on a mortgage. Over the next 8 years there were protracted negotiations which ultimately failed. Application to enforce possession order granted : application to strike out for want of prosecution denied. CA. 28th October 1999. |
| by Kennedy LJ; Mummery LJ; Mantell LJ. : Crown Copyright |
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| Stay of action : Mediation : A stay of action to an Employment Tribunal ordered pending the deliberations of an employment conciliation process. EAT. 2nd November 1999. |
| by Lord Johnston ; Crown Copyright |
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| Without prejudice - copyright : A threat to take legal proceedings to protect a copyright made during negotiations is privileged and cannot be used as a ground for legal action. High Court of Justice, Ch. Div, Patents Court : 24th February, 1999. |
| by The Honourable Mr Justice Laddie. Crown Copyright |
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| Without prejudice - copyright : A threat to take legal proceedings to protect a copyright made during negotiations is privileged and cannot be used as a ground for legal action. CA. 28th October 1999. |
| by Justices Simon Borwn, Robert Walker & Mr Justice Wilson . Crown Copyright |
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