Arbitration: The International Journal of Arbitration, Mediation and Dispute Management
Volume 84, Issue 3 (2018) pp. 229 – 238

Abstract

Mediation is a global reality and one recognised important step in the process of conflict resolution. While the development of mandatory court-based mediation schemes around the world has become a trend over the past few decades, a heated debate keeps resurfacing on whether parties can be forced to mediate their disputes. It is therefore relevant to examine the gradual spectrum between voluntary and compulsory mediation schemes. By relying on previous studies on the matter and on empirical data, this article aims to investigate whether making participation in mediation schemes to some extent mandatory would be paradoxical to the nature of mediation and could put at risk and be detrimental to the disputing parties’ autonomy.

Extract

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