A small number of cases are intrinsically
unsuitable for mediation although very experienced Mediators and Mediation
Advocates would say that the following under listed may still be mediated at
some stages of the proceedings;
unsuitable for mediation although very experienced Mediators and Mediation
Advocates would say that the following under listed may still be mediated at
some stages of the proceedings;
Where the parties wish the court to
determine issues of law or construction which may be essential to the future
trading relations of the parties, as under an on- going long term contract, or
where the issues are generally important for those participating in a
particular trade or market.
determine issues of law or construction which may be essential to the future
trading relations of the parties, as under an on- going long term contract, or
where the issues are generally important for those participating in a
particular trade or market.
Similarly, where a party wants the court to
resolve a point of law that arises from time to time, and one or more parties
consider that a binding precedent would be useful.
resolve a point of law that arises from time to time, and one or more parties
consider that a binding precedent would be useful.
Cases involving allegations of fraud or
other disreputable conduct against an individual or group, which are unlikely
to be successfully mediated because confidence is lacking in the future conduct
of that party.
other disreputable conduct against an individual or group, which are unlikely
to be successfully mediated because confidence is lacking in the future conduct
of that party.
Cases where injunctive or other relief is
essential to protect the position of a party.
essential to protect the position of a party.
Where a party actually does have a
watertight case, since summary judgment procedure in the court would be
available.
watertight case, since summary judgment procedure in the court would be
available.
The cost of mediation can be a factor of
particular importance where the sums at stake in the litigation are small.
particular importance where the sums at stake in the litigation are small.
Mediation can sometimes be as expensive as
a day in court, as the parties will often have legal representation and the
mediator’s fees and other disbursements are usually being borne equally by the
parties regardless of the outcome.
a day in court, as the parties will often have legal representation and the
mediator’s fees and other disbursements are usually being borne equally by the
parties regardless of the outcome.
Footnotes:*
Standing Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door
Courthouse Law (LMDC) 2007* The LMDC Practice Direction on Mediation Procedure*
The Multi Door Courthouse Code of Ethics for Mediators* Guidelines For
Enforcement Procedure *Guidelines for Court referrals to Alternative Dispute
Resolution *Principles of Alternative Dispute Resolution by Stephen J.Ware
*Effective Mediation Advocacy by Andrew Goodman.*
Standing Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door
Courthouse Law (LMDC) 2007* The LMDC Practice Direction on Mediation Procedure*
The Multi Door Courthouse Code of Ethics for Mediators* Guidelines For
Enforcement Procedure *Guidelines for Court referrals to Alternative Dispute
Resolution *Principles of Alternative Dispute Resolution by Stephen J.Ware
*Effective Mediation Advocacy by Andrew Goodman.*
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