MEDIATION

Order Description

“If the court were to compel parties to enter into a mediation to which they objected, that would achieve nothing except to add to the costs to be borne by the

parties, possibly postpone the time when the court determines the dispute and damage the perceived effectiveness of the ADR process. If a judge takes the view that the

case is suitable for ADR, then he or she is not, of course, obliged to take at face value the expressed opposition of the parties. In such a case, the judge should

explore the reasons for any resistance to ADR. But if the parties (or at least one of them) remain intransigently opposed to ADR, then it would be wrong for the court

to compel them to embrace it.”
Lord Justice Dyson at para 10 Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576.

Critically discuss whether mediation should be made compulsory for all civil litigation cases before parties can go to court.

NOTE
Adequate attention should be made when referencing, using footnotes to reference cases, statue and books.

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