Session 7: Is there no “Alternative” in Alternative Dispute Resolution anymore? Should Mediation Be Compulsory?

28 February 2024

Speakers: Michael Bowmer and Ben Patten KC

Michael Bowmer and Ben Patten KC will be in conversation looking at the landmark decision of the Court of Appeal in Churchill v. Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 in which it was recognised for the first time that the Court can compel parties to mediate. Among the many difficult questions the case raises are whether such a radical step was needed or indeed a good idea? How might compulsory work in practice and what cases and situations might benefit from a new approach? Is it appropriate for professional liability and commercial claims? Is in fact anything really going to change? It is hoped that the session will be an opportunity for the audience to share their experiences of mediation, whether good, bad or ugly, and their concerns and hopes for what promises to be a whole new landscape in the field of dispute resolution.

Related People

Ben Patten KC

Call: 1986 Silk: 2010

Michael Bowmer

Call: 1997



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