Mediation: It Takes Two…

The High Court recently confirmed a party should not be forced to attend mediation. Refusing an Order requesting the Court to adjourn the proceedings and invite the parties to engage in mediation, the Court stated the defendants were entitled to have their actions vindicated in public. We examine the facts of the case and the likely impact this decision will have in future similar instances.

The Rules of the Superior Courts (the "Rules") allow a judge to adjourn proceedings and invite the disputing parties to attend mediation. This usually occurs where one party to a dispute, having had an offer of mediation refused by their opponent, applies to the Court asking the Court to invite the parties to mediation.