BAILII Citation Number:  EWHC B1 (Costs)
Thank you to Nigel Frost, Elite Mediator for this case.
This is an important case. It involves costs but at the end of the judgment the master commented:
1 At a mediation each party should be aware of each other's costs at the beginning ( circles and squares)
2 That a statement of fact as to costs in a mediation i.e. quantum could be referred to at a detailed assessment hearing. I don't think that's the case if the mediator does it though - circles and squares.
Ferster v Ferster & Ors  EWCA Civ 717 (12 July 2016)
The recent authority of Ferster v Ferster & Ors  EWCA Civ 717 (12 July 2016) is a cautionary tale of a mediator clearly doing there best to help the parties but ultimately potentially doing the opposite. I am fond of starting mediations by saying " this mediation is secret save for certain overreacting events " well this case shows how true that is. I would go further and venture to suggest Tax fraud and financial crime would also trigger a release of information even if at a mediation. Moral of this story if your a mediator - remember you sometimes have to use the word NO. Nigel Frost, Mediator at Clerksroom Mediation.
Laporte and Christian v Commissioner of Police of the Metropolis
Laporte and Christian v Commissioner of Police of the Metropolis-  EWHC 371 (QB) This is a decision of Turner J. The Claimants lost, but sought to argue there should be no order for costs because the Defendant refused to engage in ADR; D, on the other hand, was seeking indemnity costs. By Barry Havenhand, Mediator
Beauty Star Ltd -v- Janmohammed
Court of Appeal (Civil Division) 14th April 2014 -  EWCA Civ 451
Bradley-v-Heslin - EWHC3267(CH)
Judicial approval in this case for mediation. Any experienced mediator could have resolved this and a classic case for an evaluative mediation.
Mr Nigel Frost
Commercial Litigator | Commercial Mediator | Mediation Advocate
for Jeffrey Green Russell Limited
CIP Properties (AIPT) Limited 2014 EWHC 3546 TCC
High Court holds that building in a special time “window” for ADR is bad case management. A sensible timetable for trial should include opportunities for ADR, and the importance of ADR is re-emphasised
(Thank you to Barry Havenhand, Barrister & Mediator for passing on this case law)
B e f o r e :
THE HONOURABLE MR. JUSTICE COULSON
CIP Properties (AIPT) Limited
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Galliford Try Infrastructure Limited
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DLG Architects LLP
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Damond Lock Grabowski & Partners (a firm)
Henry Construction Projects Ltd -v- Linton Fuel Oils Ltd
Costs for refusing to mediate! The Honourable Mr Justice Norris - High Court of Justice, Companies Court. 19th December 2012. 9578 of 2012. Kind thanks of Jeffrey Green Russell, Noel St, London, W1.
Lakehouse Contracts Limited
Lakeside Contracts Limited -v- UPR Services, High Court Judgement. The importance of inviting the other side to mediation.
Laporte -v- The Police
 EWHC 371 (QB) (1) Jane Paporte (2) Nicholas Christian -v- The Commissioner of Police for the Metropolis - Defendant refused to engage in ADR. Thank you to Nigel Frost, Mediator for this case.
Malmesbury and others -v- Strutt & Parker
Effect on costs of unreasonable behaviour at Mediation. (Thank you to Nigel Frost at Jeffrey Green Russell for sending this in). Note by Barry Havenhand, Barrister & Mediator. 2008 EWHC 424 (QB)
Oliver -v- Symons [2012 EWCA Civ 267]
In Oliver v Symons  EWCA Civ 267, Sir Alan Ward pointed out the value of mediation, at an early stage, particularly in neighbour disputes. Barry Havenhand. Mediator & Barrister.
PGF II SA -v- OMFS Co 1 Ltd
Disallowing costs of successful party. Unreasonable refusal to participate in ADR being unreasonable conduct of litigation for costs purposes. Thank you to Jeremy Dable, Barrister & Mediator for forwarding this to us.
Philip Garritt-Critchley and ors -v- Andrew Ronnan & Solarpower PV Ltd
 EWHC 1774 [CH] Award of indemnity costs to Claimant because of Defendants repeated refusal to engage in mediation. Binary issue, not enough for one side to say, we're confident we will win, as a reason not to mediate. Thank you to Barry Havenhand for passing this note onto us.