Court of Appeal showdown on compulsory mediation

June 28, 2023

"Three bodies have joined forces to intervene in Churchill v Merthyr Tydfil – a case already being described as having the potential to redefine the civil litigation landscape. The underlying dispute is around a Japanese knotweed claim. However the case will also test whether the courts should finally overturn the long-debated decision in Halsey v Milton Keynes General NHS Trust from 2004, which established that parties could not be compelled to mediate."

"Mediation campaigners were boosted in 2021 when a Civil Justice Council report concluded that mandatory ADR was compatible with Article 6 of the European Convention on Human Rights."

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