Courts given the power to order parties to attend mediation

What is mediation?

The mediation process is another word for Arbitration but its meaning is the same and it is a way of trying to resolve disputes without going to a final court hearing. It successful, it can be quicker and cheaper to undertake mediation rather than issuing court proceedings. It is usually in the parties best interests to attend mediation however, up until now the Court has not been able to force a party to go.

Following the case of Churchill v Merthyr Tydfil Borough Council [2023] EWCA Civ 1416 the courts have been given the power to order mediation. The Courts can now order the reluctant party to engage in mediation or stay proceedings to enable mediation to take place. The ruling, which related to a Council’s non contractual disputes procedure rather than voluntary mediation, is subject to two important matters: firstly, the mediation process must not “impair the very essence of a party’s right to a fair trial “ and, second, must be proportionate to the generally accepted goal of settling disputes fairly, quickly, and at a reasonable cost. The Court did not accept however that there should be fixed principles as to how this discretion should be exercised and need to take into account certain factors such as:-

• the form of ADR
• Whether the parties are legally represented 
• Urgency
• Limitation issues
• The costs of ADR
• Realistic prospects of resolution 
• Imbalance of bargaining power 
• Reasons given for not mediating

There is however concern that if a Court forces a party to mediate then this may lead to delay and increase the costs incurred by the parties in resolving the dispute via the court.

How can Taylor Bracewell’s dispute resolution team assist you?

Our dispute resolution team are experts within their field and have helped many people through the mediation process. 

If you require any further information you should not hesitate to contact our friendly, Doncaster dispute team on 01302 341414 or our Sheffield team on 0114 272 1884.