Saturday, August 9, 2008

I'm here, but it's like I'm not

A very interesting article popped up on Shoosmiths' website (a British law firm) today.  A British court ruled that a claimant's position in a mediation session was unreasonable, causing the mediation to fail.  As a result, the court ruled that the unreasonable position taken by the claimant was the equivalent of not mediating the case at all.  The court decreased the amount of their award.  

The claimant went to mediation and offered to accept an award of 9 million pounds.  At trial, the claimant was awarded 900,000 pounds.  

Both parties waived their right to keep the mediation proceedings confidential.  Think the claimant would like a do-over?

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