There are many illuminating articles about the implications of a refusal to mediate being deemed unreasonable by the judge. A move closer to obligatory mediation before legal proceedings? Be warned, do not allow yourselves to be caught out

In a significant judgement handed down by the High Court on 19 June 2025 in Appiah & Anor v Leeds City Council & Anor [2025] EWHC 1537 (KB), the court criticised a defendant public authority for failing to comply with a clear order relating to Alternative Dispute Resolution (ADR). The case serves as a stark reminder of the growing judicial expectation that parties will not only consider mediation but actively engage with it — or give cogent reasons for not doing so

There have been quite a number of court cases where one of the parties has refused an offer to mediate resulting in the court imposing a cost sanction on them. In each case it was the successful party which refused to mediate and ended up having their awards reduced by the court.