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To Mediate or Not to Mediate: An Analysis of When it Would be Reasonable to Reject Mediation

    https://doi.org/10.1142/9789813225657_0005Cited by:0 (Source: Crossref)
    Abstract:

    This is an age of Alternative Dispute Resolution (“ADR”). It is now the duty of lawyers in many countries to advise clients on ADR. Unequivocal judicial pronouncement of such a duty can be found in Halsey v Milton Keynes General NHS Trust (“Halsey”), where Lord Justice Dyson said, “[a]ll members of the legal profession who conduct litigation should now routinely consider with their clients whether their disputes are suitable for ADR”.