Churchill v Merthyr Tydfil Borough Council
In Churchill v Merthyr Tydfil Borough Council 2023 the Court of Appeal clarifies the Halsey case stating that the courts are able to integrate mediation, and other forms of dispute resolution, into the court process and may, where appropriate, stay proceedings for, or order mediation.
Churchill is an important case which supports the increasing interest in ADR (mainly mediation) as a viable and cost effective method in resolving disputes. If parties engage in litigation they can now be ordered to mediate by the court. If one party indicates a wish to mediate before court proceedings issued and the other party unreasonably refuses and there is litigation, then if the court subsequently orders mediation then this may have a severe costs implication form the refusing party.
