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Mandatory Mediation in England and Wales: Much Ado about Nothing?

Lookup NU author(s): Professor Bryan Clark



This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).


This article is concerned with the thorny issue of mandatory mediation. In so doing, the piece charts the development of court-linked mediation in England and Wales from the days of the Woolf reforms and examines the growing clamour from judges, policymakers, commentators and, more recently, mediators for a shift from a mere cajoling of parties to mediate to outright compulsion. The article examines recent proposals for the introduction of mandatory mediation in English civil justice and sets out the view that, while mandatory mediation is inevitable and not per se objectionable on legal or policy grounds, care must be taken to ensure that it is implemented in such a way as to balance up different important policy drivers including efficiency, preserving the qualitative goals of mediation and filling the ‘justice gap’ that mediating in the shadow of the court can leave.

Publication metadata

Author(s): Clark B

Publication type: Article

Publication status: Published

Journal: Amicus Curiae

Year: 2022

Volume: 2

Issue: 4

Pages: 143-159

Online publication date: 02/11/2022

Acceptance date: 27/09/2022

Date deposited: 27/09/2022

ISSN (electronic): 2048-481X

Publisher: SOAS Open Journals, University of London


DOI: 10.14296/ac.v4i1.5490

ePrints DOI: 10.57711/0fty-1n93


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