Until the early 1990s it was often considered a sign of weakness if a litigating party made overtures to negotiate a settlement. It was also common to see groups of robed barristers outside the doors of various courts, busily trying to settle their cases at the last minute. Parties would hold their cards close to their chest in the hope of catching the other party off guard and last minute applications for adjournment with significant cost penalties were common. We now practice in more enlightened times. Through the process of mediation, courts and tribunals have encouraged parties to mediate...
Until the early 1990s it was often considered a sign of weakness if a litigating party made overtures to negotiate a settlement. It was also common to...
