Sample letter to opposition if they reject an offer of mediation

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Dear Sirs

Your Client: Bob Building Co Ltd

Thank you for your letter of [DATE]

We were surprised that you have refused to enter into mediation in this case. It is specified in the Practice Direction on Pre-Action Conduct and Protocols and is trite law that the parties should consider mediation before commencing proceedings. 

In particular we would refer you to the cases of Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576) and PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288 in relation to the Court’s attitude to a failure to engage in mediation.

In light of your failure to agree to mediation for no justified reason we put you on notice that we reserve the right to draw your conduct to the attention of the Court on the question of costs.