A SECRET WEAPON FOR INFORMAL DISPUTE RESOLUTION

In PGF II SA v OMFS Firm 1 Ltd., PGF II issued several Invites to OFMS to take part in mediation to resolve a dispute on dilapidations amongst them, which received no response. The trial courtroom and appeal court agreed that "no response" amounted to an "unreasonable refusal to participate" in ADR. The problems had been resolved by a settlement in