The Court of Appeal’s landmark judgment in Churchill v Merthyr Tydfil County Borough Council, handed down in late November, established that the courts can order parties to mediate or engage in some other form of alternative dispute resolution (ADR), overturning what was thought to be a long-standing English law prohibition on courts compelling ADR. The decision is outlined here.
Alexander Oddy, Natasha Johnson and Maura McIntosh have also published an article on Law360.com which looks at the decision and its implications for parties to commercial litigation. In particular, the article considers when the courts will exercise the power to compel ADR, the factors likely to be taken into account and the continued scope for imposing costs sanctions for an unreasonable refusal to mediate.
CLICK HERE to download a copy.