Resolving the Costs of the Action by Mediation not Litigation
This article considers the role of mediation in resolution of the quantum of costs in civil proceedings in the courts of England and Wales as an alternative to detailed assessment by a judge under the Civil Procedure Rules 1998. The benefits of mediation are reviewed by carrying out a comparison with the court process, emphasizing the speed, costs savings, informality and privacy which resolution other than going to court can deliver. The article also comments upon whether making mediation in costs mandatory would assist parties who pay and receive costs, and whether this is likely to happen in the foreseeable future.
Keywords: civil procedure; legal costs; detailed assessment; alternative dispute resolution; costs mediation.
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