Assumption: "Mediation is something I can use as leverage, or ignore, with no consequences either way."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
What People Expect
Litigants sometimes treat mediation as a tool to control the other party, either threatening it to pressure them or refusing to engage without expecting any downside.
Court Reality
Since April 2024, parties are under a strengthened duty to consider non-court dispute resolution at every stage. The court can adjourn proceedings to allow it, and a party who won't engage without good reason risks a costs order. It cuts both ways.
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The Gap?
"Mediation is something I can use as leverage, or ignore, with no consequences either way."
Court Reality
Since April 2024, parties are under a strengthened duty to consider non-court dispute resolution at every stage. The court can adjourn proceedings to allow it, and a party who won't engage without good reason risks a costs order.
Seen a gap between what you thought and the reality? Share yours.
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