This is a very interesting situation in respect of Mandatory mediation where three major mediation organisations who are represented world wide are joining in on a case in the Court of appeal in London which will effectively determine in the UK as to whether or not Mandatory mediation will be permitted within the UK justice system. Despite the fact that the Court of Appeal is within the Common Law Jurisdiction and now no longer a member of the European Union it is certain to attract considerable interest across EU legal systems.
Leading dispute resolution bodies, including the Civil Mediation Council (CMC), Chartered Institute of Arbitrators (Ciarb), and Centre for Effective Dispute Resolution (CEDR), have joined forces to intervene in the case of Churchill v Merthyr Tydfil before the Court of Appeal of England and Wales. This case is of significant importance to mediation in the UK as it may overturn the 2004 decision in Halsey v Milton Keynes General NHS Trust, which deemed it a breach of Article 6 of the European Convention on Human Rights to compel parties to mediate. The organizations seek to set aside the Halsey judgment to enable parties to be referred to mediation more often. They argue that mediation offers a voluntary and effective way to resolve disputes, saving time, money, and court resources. The intervention aims to clarify that automatically referring parties to mediation does not infringe on their human rights, allowing judges to order mediation when appropriate, and promoting wider adoption of this alternative dispute resolution method.
For more information, please see the press release issued by CIArb, the international centre of excellence for the practice and profession of alternative dispute resolution (ADR).
