No Choice But To Mediate

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A hotly anticipated ruling by the Court of Appeal has now been handed down which could see disputing parties forced to use out of court alternative dispute resolution processes such as mediation.

The ruling was handed down in the case of Churchill v Merthyr Tydfil County Borough Council on 29 November 2023. The Court of Appeal ruled that courts have the power to order the disputing parties to engage with each other in order to attempt to settle complaints outside the court system with the assistance of an impartial dispute resolution body. 

Mr Churchill

The case concerned a claim brought by Mr Churchill against Merthyr Tydfil for damages arising from the encroachment of invasive Japanese Knotweed onto his property from land owned by the council – which had denied liability and effectively sought to oblige Mr Churchill to exhaust the council’s internal complaints procedure before further litigation could commence.

Comment

Jeremy Ferris is a partner with Furley Page solicitors’ dispute resolution team and an accredited mediator with the Centre for Effective Dispute Resolution (CEDR). He says: “The Court of Appeal ruling held that courts will have the power to stay proceedings and encourage or even in exceptional cases, mandate parties to use alternative dispute resolution (ADR). Crucially this will be the case even if the parties are unwilling to participate in ADR processes such as mediation.

“The decision integrates mediation into the civil justice system and has significant and far-reaching implications for civil litigation in England and Wales. It empowers the courts to play a far more proactive role in encouraging and at times mandating ADR in appropriate cases. 

“This is likely to have a lasting impact on the landscape of civil litigation and the conduct of cases, potentially leading to a more streamlined and cost-effective approach to resolving disputes.”

Turn to Page

Furley Page offers civil and commercial mediation services which can help preserve personal and business relationships,

Contact Jeremy Ferris, on email jcf@furleypage.co.uk 

Picture: A court ruling has paved the way for mediation to be imposed on disputing parties. ADR is a common  way to resolve issues in the window trade. Certass, FENSA, DGCOS and our very own Don Waterworth all offer mediation services.

www.furleypage.co.uk

Article written by Cathryn Ellis
19th December 2023

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