Kent Solicitors

A party who agrees to mediation but then takes an unreasonable position in the mediation is in the same position as a party who unreasonably refuses to mediate. Where the claimants win on liability and recover substantial damages, but the defendants succeeds in cutting down the sum award to a fraction of what was claimed, the claimants should not have the whole of the balance of their costs and something should be deducted to reflect the fact that they claimed so much more than they recovered

Labels: Dispute Resolution