Mediation – You’re Damned if you do and you’re Damned if you don’t
With growing support as a quick and cost-effective alternative to litigation, mediation has rapidly gathered momentum as a powerful tool in dispute resolution. But has its success placed too much pressure on the foundations on which it once thrived? What was originally an encouraged option has now become almost a compulsory step in litigation.
In this article, Sushma MacGeoch and Andrew Orr of Kennedys examine two key questions: have the courts gone too far in taking the voluntary element out of alternative dispute resolution (ADR); and is it right for judges to dictate how parties conduct negotiations at mediation?
