The rise of mandatory mediation in Australia—insights for litigators


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While mediation hasn’t always fitted perfectly into an adversarial system that’s evolved over hundreds of years, the rise of the digital age and user-friendly sentiment is driving a new wave of interest in the role and process of mediation.

Since the 1990s, legislatures and courts in Australia have embraced the idea that alternative dispute resolution (ADR), especially mediation, is in both the public interest and the interest of individual litigants. However, the idea hasn’t always translated perfectly into practice. Mandatory mediation remains a debated topic.

This whitepaper looks briefly at the history of mediation, takes a closer look at the forms of mandatory mediation, examines court-ordered and quasi-compulsory schemes in detail, and explores the future of mediation in a digital world – to help you better understand how mediation is likely to evolve in the future, and how it may impact your practice.

Much of the content within this whitepaper is credited, with thanks, to Philip McNamara QC of Murray Chambers, whose Australian Bar Review article titled ‘Mandatory and quasi-mandatory mediation’ covers the topic in detail.

Fill out this form today to download the whitepaper The rise of mandatory mediation in Australia—insights for litigators.