Mr Justice Lightman considers that the two propositions in Halsey v Milton Keynes NHS Trust are 'unfortunate, and clearly wrong and unreasonable' (see [2007] Gazette, 19 July, 1). Can I suggest that actually the propositions are a model of good sense and reasonableness? The whole point of mediation is that it is voluntary. If a person is to be penalised for refusing to take part in mediation, then what will inevitably follow will be a charade where parties turn up at mediation with no intention of really making any progress at all, thus adding considerably to the costs of litigation. I can understand why Philip Howell-Richardson thinks that most mediators have held the view that Halsey was wrongly decided. Perhaps an element of self-interest applies?


SO Hill, Price & Son, Haverfordwest Pembrokeshire