Family Mediators and Family Solicitors struggling with clients who on the face of it say they are happy to mediate whilst at the same time delaying the arrangements or slowing up the process, may wish to consider the words of Jackson LJ in a recent civil case Thakkar v Patel (2017) EWCA Civ 117. The trial judge, in taking into account amongst other factors that the defendant had made a number of excuses for rejecting proposed dates for mediation sessions and delaying the process to such an extent that the claimant had eventually withdrawn his offer to mediate, had ordered him to pay 75% of the claimants costs. The Court of Appeal upheld the order with Jackson LJ stating that if parties are truly prepared to mediate then they ought to “get on with it”.
Want to know more? Speak to our Accredited Family Mediator, Drenne Dunphy.