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Milestone UK mediation case said to be wrongly decided

by Geoff Sharp

From the blog mediator blah...blah...

Geoff Sharp

A senior High Court judge last week criticised the Court of Appeal’s thinking on mediation in the key decision of Halsey v Milton Keynes NHS Trust, which he said was ‘clearly wrong and unreasonable’

Mr Justice Lightman said that the use of mediation is being stifled by the Court of Appeal’s decision in Halsey, in which it laid out that parties could not be forced into mediation and that the burden for ‘proving reasonableness’ over refusing to mediate is not on the party that refused [read more].

Whilst one might follow that logic, he went way to far when he advocated 'forcing people to go to mediation before a trial' - a recipe for disaster - such an approach in mainstream civil/commercial courts being consistently opposed by this blog.

Confirmation enough that the Judiciary should stick to their knitting, whether they are still in the saddle or looking for a retirement project.

One reaction here
Previous Halsey post In the Goldilocks Zone

Biography


Geoff Sharp is a Commercial Mediator from Wellington, New Zealand. Geoff works in the Asia Pacific region, including New Zealand, Malaysia, Thailand and Pacific Islands. He is a mediator resolving business problems. He is a fellow of the International Academy of Mediators and mediates complex and hotly debated litigation covering a wide range of subject matter from insurance disputes to historic sexual abuse claims.

Geoff is author of the award winning blog mediator blah...blah... a mediation blog experiment in reflective practice and the Mediation vBlog Project, a kind of mediation genome project by video blog.



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Website: www.geoffsharp.co.nz

Additional articles by Geoff Sharp