Now don’t get me wrong I am a great supporter of the view that disputes should be resolved as quickly, economically and fairly as possible but am I alone in starting to become distinctly uneasy about this growing infatuation with mediation.
Now in many cases, particularly where the claims are potentially uneconomic to pursue and the outcome uncertain, a well conducted mediation is the ideal outcome. However there are also cases where the position of one party is strong and the problem with mediation is that there is an expectation of compromise and concession which towards the end of a long mediation can become overbearing.
If a party has a very strong claim and does not want to compromise then it should be there right to go to court if they wish and pressure and potential costs penalties for not mediating are undermining that basic right. After all if a party pursues a claim unreasonably there are plenty of opportunities to increase their cost risk using the existing court rules.
So let’s encourage effective mediation with appropriate cases but then ensure that the court system works quickly to ensure that cases which are not suited to mediation can be determine without delay and as cost effectively as possible.
In the meantime for cases that are well suited to mediation I would recommend my colleague Susan Blake who is establishing a strong reputation as an effective and approachable mediator.
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