Mediation could be made compulsory in most cases, the Civil Justice Council (CJC) has suggested in its comprehensive Interim report on the future role of ADR [alternative dispute resolution] in civil justice.
The report, published this week, says ADR is not used widely enough and suggests three ways of making it mandatory. First, that ADR be a pre-condition of access to the court in all cases; second, that it be a requirement in all cases for proceedings beyond the case management conference; and third, that courts have a discretionary power to require unwilling parties in a particular case to engage in ADR.
Chairman of the CJC working Group, Bill Wood QC, said: ‘Our aim is to stimulate a debate between all stakeholders as to the nature of the problem and the possible practical solutions, including the thorny issue of mandatory mediation.
‘With the Online Court in development and pilot local mediation schemes up and running in a number of centres, this is an exciting time.’
Responses should be submitted by 15 December to civiljusticecouncil@judiciary.gsi.gov.uk.
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