Ben Patten KC and
Michael Bowmer look 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 mediation work in practice and what cases and situations might benefit from a new approach?
- Is it appropriate for professional liability and commercial claims?
- Is 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.
