In recent years, mediation has been embraced by the English Courts, which view it as a useful tool with which to encourage settlement. The recent Court of Appeal judgment in Thakkar v Patel is the latest in a series of decisions reflecting this trend. In this case, it was held that, where mediation is obviously appropriate, delay by one party in agreeing to mediate will merit a costs sanction.
It would be going too far to argue that mediation is now compulsory in the English High Court. However, it is now something that parties to litigation must carefully consider at appropriate stages, or risk adverse costs consequences.