THE 5-SECOND TRICK FOR INFORMAL DISPUTE RESOLUTION

In PGF II SA v OMFS Company 1 Ltd., PGF II issued many Invites to OFMS to take part in mediation to resolve a dispute on dilapidations in between them, which gained no response. The trial court and appeal court agreed that "no response" amounted to an "unreasonable refusal to take part" in ADR. The issues had been resolved by a settlement quickly b