21-05-2025
Do I have to mediate? I can't stand the other side
Q: I've taken quite a lot of pleasure suing a commercial partner that let us down badly as I know we're in the right. But now the judge is requiring us to get together to mediate the dispute. I can't bring myself to see them again. Can I just send in our lawyers to get the result we want?
A: Broadly speaking, you'll have to engage in a mediation because the judge has ordered you to, and if you unreasonably refuse to mediate, you will be at risk of a costs sanction.
But, even if you can't bear the sight of the other side, there is often much to be said for holding your nose and mediating. One of the really powerful things about mediation
