Why Mediation?

Mediation is quicker, more flexible and cost effective than litigation. Mediation is becoming a central pillar of dispute resolution in the UK. This shift is driven by the need to reduce court backlogs and promote faster, cost-effective resolutions.

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Under the Pre-Action Protocol - the courts will expect parties to consider some form of alternative dispute resolution. 

Under the Civil Procedure Rules (CPR) in England and Wales, mediation is increasingly being integrated as a key part of the dispute resolution process. Here are the main provisions that relate to mediation:

🧾 Key CPR Provisions on Mediation

• CPR Part 1 – Overriding Objective CPR 1.1 now includes the goal of “promoting or using alternative dispute resolution (ADR)”, which encompasses mediation. This reflects the courts’ commitment to resolving disputes justly and efficiently.

• CPR 1.4(2) – Court’s Duty to Manage Cases Courts are required to actively manage cases, which includes encouraging the use of ADR where appropriate. This gives judges the discretion to suggest or require mediation during proceedings.

• CPR 3.1(2) – Court’s General Powers of Management Courts have the power to stay proceedings and order parties to engage in ADR, including mediation. This means mediation is no longer purely voluntary in some cases.

• CPR Part 44 – Costs Implications If a party unreasonably refuses to engage in mediation, the court may impose adverse costs orders. This incentivizes participation in ADR and penalizes obstruction.

• Practice Direction – Pre-Action Conduct and Protocols Before starting legal proceedings, parties are expected to consider ADR options, including mediation. Failure to do so may affect how the court views their conduct later.