Do I have to mediate?
Mediation is a voluntary process, so you can refuse to mediate.
However, the Courts actively encourage ADR (in all forms) in the Civil Practice Rules, and this includes Mediation, Further if you unreasonably refuse to mediate you can suffer very severe costs consequences if you are involved in court proceedings. It is possible that even if you win your case you may not recover costs in these circumstances. Finally, if you refuse to mediate, you lose the obvious benefits which it offers in any commercial dispute.
It is the real experience of the RG Mediation Team that cases which appear totally incapable of settlement, have settled at mediation.
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