Compulsory mediation in England and Wales

Abstract

This dissertation discusses how compulsory mediation developed in England and Wales. It analyses the different stages through which compulsory mediation went. Woolf's reports and subsequent judicial decisions introduced the court's power to impose cost sanctions, promoting the use of ADR and establishing the initial judicial position. Additionally, the dissertation delves into the Halsey ruling, which marked a significant turning point in the history of compulsory mediation because its restrictive approach towards compulsory mediation and its stance about access to justice and A 6 of the ECHR. Subsequently, the period of inconsistency between the official tone and judicial decisions and between the different judicial decisions about the court’s power to order mediation, unreasonable refusal to participate in ADR, and cost sanctions created uncertainty about the position towards compulsory mediation. Nevertheless, the significant change in compulsory mediation in England and Wales following the decisions in Lomax and Churchill, as well as their effects, transformed the situation that compulsory mediation in England and Wales had been experiencing for a long time. This was due to the fact that the decisions established a more consistent and clear approach to compulsory mediation and eliminated the obstructions to compulsory mediation that were established in Halsey. Consequently, compulsory mediation was finally adopted.