Earlier this year, on the 25th anniversary of Lord Woolf’s landmark Access to Justice report, the UK Ministry of Justice issued a call for evidence seeking views from the judiciary, legal profession, mediators and court users, and anyone who has experience of dispute resolution both within and outside the court system on how mediation can be more fully integrated into the court system. The consultation follows the recent Civil Justice Council (CJC) report on compulsory mediation, which found that mandatory mediation would be compatible with UK law and would also be desirable in suitable areas of the justice system.

The CJC report concluded that mandatory ADR (alternative dispute resolution) is compatible with Article 6 of the European Convention on Human Rights and therefore lawful. The report is a significant departure from current legal precedent, which confirms that parties cannot be compelled to engage in mediation. The CJC report makes clear the view that mandatory mediation would be desirable in the right circumstances. Justice minister Lord Wolfson has said: “Too often the courts aren’t the best means for reaching such outcomes. That is why we want to improve the range of options available to people to resolve their issues, ensuring less adversarial routes are considered the norm rather than the alternative.”

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