The Court of Appeal has suggested that it may be time to review the rule in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 prohibiting a court from ordering unwilling parties to refer their dispute to mediation. Lord Justice Ward has made this suggestion in Wright v Wright [2013] EWCA Civ 234, a dispute between two unrepresented litigants, which he said highlighted the difficulties caused for the judiciary when dealing with litigants in person. He comments that the "emasculation of legal aid" may have saved expenditure for the Legal Services Commission, but has increased expenditure for the courts. Click here to read more about the case on our ADR blog.
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