Confuting Objections to Mandatory Mediation
11 Pages Posted: 18 Jul 2018
Date Written: June 26, 2017
Abstract
This article discusses and rebuts the objections commonly laid against mandating mediation in the dispute resolution realm. It seeks to argue that mandatory mediation is not per se an impediment to access to justice. It further discusses how mandatory mediation schemes only compel parties to enter into the mediation process and do not mandate outcome. Mediation also does not hamper the role of the courts in a way opined by some academicians. Thus, compulsory mediation should be viewed as a proportional response to the dispute in question and not as an assault on fundamental rights.
Keywords: Mediation Law and Policy, ADR, Mandating Mediation
JEL Classification: K40
Suggested Citation: Suggested Citation