Assumption: "There is a legal duty to negotiate, so if I do not agree to anything I will be punished."

Court Reality

There is no legal duty to negotiate or to agree. What the rules do is expect real engagement. The court must consider non-court dispute resolution, such as mediation, at every stage, and can pause a case so the parties can try it. The pressure comes through costs. If someone fails, without good reason, to attend a MIAM or non-court dispute resolution, the judge can take that into account when deciding whether to make a costs order. Attending and considering a proposal is not the same as having to accept it.