Following on from his recent qualification as a PDSL accredited and International Mediation Institute mediator, Dr Mike Wilkinson has written an article to give a more in depth and knowledgeable view on this matter.
Some argue that mediation should be mandatory – litigants should be required to mediate their disputes before being able to proceed to trial. Other jurisdictions – Germany, Canada, Australia and some states of the US including California and New York – already have some form of presumptive mediation or mandatory mediation requiring just that. Many agree with ADR being compulsory and advocate for it here. Others see it as an outright abrogation of the state’s responsibility to adjudicate upon disputes and are concerned that mandatory mediation lacks transparency and accountability and can serve as a forum for fishing or coercion.
Here at 18 St John Street, we’re no strangers to mediation. We have a large team of mediators and expect mediation to grow in popularity and frequency. Dr Mike Wilkinson argues that a move towards more mandatory mediation will not harm access to affordable justice, and counters arguments that mediation can be damaging to dispute resolution.
You can read his full essay below.
For more information on Dr Michael Wilkinson and please contact Chambers Director James Parks on 0161 278 8202 or email jparks@18sjs.com or contact the clerks on 0161 278 8261 or email businessproperty@18sjs.com
