When you are involved in a commercial dispute, mediation is often suggested as a way to resolve the disagreement without going to court. However, what happens if the other party refuses to engage in mediation? This article explains the consequences of refusing mediation and how the courts view such refusal.<\/p>\n\n\n\n
Mediation is a form of alternative dispute resolution<\/a> (ADR) where an independent third party, called a mediator, helps both parties reach a settlement. Unlike an adjudicator or judge, the mediator does not make a binding decision. Instead, they facilitate discussions between the parties to help them find common ground and agree on a resolution. Mediation is voluntary, confidential, and typically less formal and costly than court proceedings.<\/p>\n\n\n\n Following significant developments in the law, courts now have explicit power to “order the parties to engage in alternative dispute resolution”. <\/p>\n\n\n\n This means that if one party refuses mediation, the court can compel both parties to attempt it.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\nCan the Court Order You to Mediate?<\/h2>\n\n\n\n