In the recent case of Richards & Anor v Speechly Bircham Llp & Anor (Consequential Matters) [2022] EWHC 1512 (Comm), HHJ Russen cited the case of Northrop Grumman v BAE Systems [2014] EWHC 3148 (TCC) in which Ramsey J set out, starting at paragraph 56, the six factors which have a bearing on the reasonableness of a refusal to mediate. Those factors are:
- The nature of the dispute
- The merits of the case
- The extent to which other settlement methods were attempted
- The costs of ADR
- Prejudicial delay caused by ADR, and
- The prospects of successful ADR