Should Mediation be Compulsory for all Cases?
In England and Wales mediation has become a common feature of many types of litigation. Sir Rupert Jackson’s 2009 report on civil litigation recommended that the courts can and should in appropriate cases encourage mediation. This may be limited to simply pointing out its benefits or requiring an explanation from parties when they are not willing to meet and/or discuss mediation. However, where a party is found to have unreasonably refused to mediate, they can be penalised in costs by the court.