A seismic shift in approach to mediation

• In Churchill, the Court of Appeal set new standards for court-ordered mediation, allowing a stay of proceedings in some situations.
• The Civil Procedure Rules Committee is currently looking at a CPR rule change to reflect Churchill and give the courts greater powers to force parties to mediate their disputes.

There have been many discussions on the topic of mandatory alternative dispute resolution (ADR) and it seems to be an issue that is here to stay, with the courts moving further towards compelling parties to mediate. This is particularly relevant in light of the increasing costs of legal proceedings and proportionality concerns being at the forefront of the judiciary’s mind. We see regularly at costs management conferences the courts’ desire to look for ways to reduce costs. They are also battling with an ever-present backlog and concerns about wasted resources in the civil justice system in England and Wales.

The Civil Justice Council addresses