Churchill v Merthyr Tydfil [2023] was a gamechanger for mediation and its ramifications continue to rumble, as noted in this week’s NLJ by family law solicitor-advocate and NLJ columnist David Burrows
He notes the Ministry of Justice appears to have ruled out compulsory mediation for separating couples, which is at odds with the ruling in Churchill.
Churchill clarified that parties can be ordered to attend non-court-based dispute resolution. So, what is going on?
Burrows explores the issue. He asks: ‘What happens if a justice minister says one thing, and the common law seems to say the opposite—or at least, to say something else?’
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