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Mediation services 'should not come before litigation'



Mediation services are far from being the only answer to litigation and dispute resolution, it has been claimed.

Calling into question the government's push for mediation services to be used more for family cases like divorce, the Master of the Rolls Lord Neuberger noted that litigation in the courts is not necessarily a bad thing.

Giving the annual Bentham Lecture, he explained that while mediation services could be valuable, they should not be the "norm".

It comes as the government makes provision for it to be mandatory for separating couples to use mediation services before taking their case to court.

Lord Neuberger said, however, that access to the courts is "a fundamental right", and it is only through the courts that a person can vindicate their rights.

He explained: "You cannot force people to mediate, and what if the party in the wrong refuses to mediate, or refuses to do so in good faith, or declines to be reasonable, or is simply badly advised, or takes an over-optimistic view of his case?"

Posted by Gaby Hamerton
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