Since the Woolf reforms to civil procedure in 1999, legal practice has increasingly included a settlement based approach. The use of alternative methods of dispute resolution has been rising due to the clear economic benefits combined with the reduced court burden of cases settled before litigation.

In recent years the Courts have made a number of robust decisions penalising parties who have refused to appropriately consider mediation. The Court of Appeal case of Halsey v Milton Keynes NHS Trust provides the most comprehensive guidelines to date.