In the British case of Dr. S. R. Burne v. A  EWCA 24 the Court of Appeal ordered the parties to attend mediation before a re-trial could be held in this eight year old case. Lord Justice Sedley said:
“On the issue before us there are powerful arguments either way and I express no view whatsoever as to the eventual outcome. I do, however, feel very strongly that this is a case which must be referred to alternative dispute resolution before it is restored for the re-trial. Both parties should take stock of the strengths but also the weaknesses of their respective cases which are now plain for all to see and I hope mediation will bring a swift conclusion to a tragic event.”
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