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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.
Author(s): Clark B
Publication type: Article
Publication status: Published
Journal: Amicus Curiae
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
ePrints DOI: 10.57711/0fty-1n93
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