Court of Appeal guidance on assessing reasonableness in attempts to mediate and negotiate

The English Court of Appeal has given guidance on the issues a court should address when assessing the reasonableness of a successful party’s refusal to mediate and general approach to settlement: Newman v Framewood Manor Management Co Ltd [2012] EWCA Civ 1727. The decision shows that a successful party who has meaningfully engaged in discussions regarding mediation should not be penalised if it cannot attend a mediation on dates proposed by the opponent. It also underlines the fact that a rejection of settlement offers must be unreasonable before it will deprive the successful party of costs. Click here to read about the decision on our ADR blog.