Mediation
The Will, Trust and Estate Dispute team at Ramsdens Solicitors appreciate that mediation is an incredibly useful tool for resolving disputes, whilst keeping costs down. Mediation allows parties to communicate openly towards a solution without the need for lengthy and expensive litigation. This is especially useful where disputes arise between family members who are already dealing with the loss of a loved one.
In England & Wales the Courts increasingly view mediation as an essential step in the dispute resolution process and expect parties to engage in it where possible. Where a party refuses to do so, the Court can may impose cost consequences. This encourages parties to properly consider mediation.
Judgement
The recent case of Conway v Conway & Anor (Rev1) [2024] EW Misc 19 (CC) highlights this approach yet again. His Honour Judge Mithani KC, presiding in Nuneaton County Court, found in favour of the defendants, however he reduced their costs by 25% due to their unreasonable rejection of offers to mediate without a compelling reason.
In Conway, before proceedings commenced in 2022, the claimant’s solicitor proposed pre-action mediation. The proposal went unanswered. Later in the same year the claimants made a second proposal of mediation, which the defendants rebuffed stating the dispute was ‘unsuitable for mediation, would delay any conclusion, increase the costs of both parties and in any event a mediated agreement would not be final and binding.’
After the first day of an eight day trial, the claimant extended a final mediation offer on a without-prejudice basis. This offer was again rejected by the defendants without a counter-proposal. The defendants deemed the offer ‘absurd,’ and the trial proceeded as scheduled.
His Honour Judge Mithani KC determined that the defendant’s decision to reject mediation was misguided and indicated that the defendants were intent on pursuing litigation come what may. He further noted that the defendants could not confidently claim they were almost certain to win, and thus dismissing the value of mediation entirely was unjustified.
This decision follows The Court of Appeal judgment in Churchill v Merthyr Tydfil County Borough Council which confirmed the Court can order parties to engage in alternative dispute resolution and/or, a stay in proceedings to allow for the ADR to take place.
Conclusion
While the decision in Conway is not binding, it adds to the ever growing number of cases that demonstrate the court’s increasing pressure on litigants to show willingness to engage in alternative dispute resolution. This case further highlights that mediation should be a consideration even for parties who believe they are likely to succeed.
Our Wills, Trusts & Estate Dispute team can assist with all types of inheritance and Will disputes. For further advice please contact the team on 01484 821500 or email: willdisputes@ramsdens.co.uk.
The above article is for illustrative purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any part of the information given.