Is Mediation Compulsory?
More and more people are turning to mediation as a way to resolve disputes without the stress and expense of going to court.
But is mediation compulsory?
In this article, we explore when mediation is mandatory, when it’s voluntary and why it can often be the best option to take – even if you think it’s not required.
What is Mediation?
Mediation is a form of alternative dispute resolution (ADR) where a neutral third party helps two or more individuals or groups reach a mutually acceptable agreement. Unlike a judge in a courtroom, the mediator does not impose a solution. Instead, they facilitate discussion, helping both parties communicate and find common ground.
When is Mediation Compulsory?
In the UK, mediation is not always compulsory but there are certain situations where it’s either required or strongly encouraged.
1. Family Law Disputes
In family law, especially in matters such as divorce, child arrangements, and financial disputes, mediation plays a significant role. Before filing an application to the court, both parties must first attend a Mediation Information and Assessment Meeting (MIAM).
A MIAM helps parties understand the mediation process and assess whether it’s suitable for their dispute. According to UK government statistics, over 70% of mediation cases in family law result in a successful outcome, avoiding the need for court hearings. In fact, if you don’t attend a MIAM before making an application to the court, you may face delays or even a fine.
2. Workplace Disputes
In employment law, mediation isn’t legally required, but it’s often encouraged as a first step before filing an employment tribunal claim. Many companies in the UK have adopted internal mediation policies to resolve issues such as discrimination, harassment, or grievances, aiming to avoid costly legal battles.
While mediation is not mandatory for workplace disputes, it is becoming more common as employers and employees alike see its potential to resolve conflicts quickly and amicably. This proactive approach helps maintain healthy working relationships and prevents escalation.
3. Civil and Commercial Disputes
For civil and commercial disputes, mediation can be voluntary but may become a compulsory step in certain cases. Many business contracts now include a mediation clause. This means that, in the event of a dispute, parties are required to attempt mediation before proceeding to litigation.
Additionally, courts may encourage or even order mediation in some civil and commercial cases. Judges may suggest mediation as a way to resolve disputes efficiently and reduce the burden on the court system. In the most recent update to The Civil Procedure Rules in November 2024, it encouraged parties to consider alternative dispute resolution, including mediation, and those who refuse to mediate without good reason may be penalised.
When is Mediation Voluntary?
While mediation is compulsory in certain legal contexts, it remains a voluntary option in many other situations. This means that while one party may wish to mediate, the other party is not legally bound to participate. However, even in voluntary situations, mediation can still be an incredibly effective tool.
For example, in personal disputes or neighbourhood disagreements, both parties must agree to enter mediation. In these cases, if one party refuses, the process cannot proceed. However, many people find that mediation provides a cost-effective and less confrontational alternative to going to court, making it worth considering even when it is not compulsory.
Why Choose Mediation?
Even when mediation isn’t compulsory, there are several reasons why it’s often the best option for resolving disputes.
Cost Effective: Mediation is typically much cheaper than litigation, which can involve court fees, lawyer costs, and other expenses.
Faster Resolution: Court proceedings can take months or even years to resolve. Mediation is a faster process that can often reach a resolution in weeks or days.
Confidentiality: Unlike court hearings, which are public, mediation is a private and confidential process. This is particularly beneficial for businesses or individuals who wish to keep their disputes out of the public eye.
Better Control Over the Outcome: In court, a judge makes the final decision. In mediation, both parties have control over the outcome, ensuring that the resolution is mutually agreed upon and satisfies both sides.
Preserve Relationships: Mediation focuses on cooperation, rather than confrontation. This makes it a better option when preserving relationships is important, such as in family disputes or long-term business relationships.
Conclusion
In certain situations, particularly in family law and commercial disputes, mediation is mandatory or strongly encouraged by UK courts.
Whether mandatory or not, mediation should always be considered as a first step toward resolving disputes as it is a flexible, effective and far less stressful option that could save both time and money.
If you’re facing a dispute and want to explore whether mediation is the right option for you, get in touch with our expert mediators – we offer free 15-minute sessions to discuss your situation and it could be the first step towards a suitable resolution.
