The Phenomenon of Mediation: Judicial Perspectives and an Eye on the Future

10 Pages Posted: 5 May 2010 Last revised: 26 Jul 2010

See all articles by Noel Rhys Clift

Noel Rhys Clift

affiliation not provided to SSRN

Date Written: May 3, 2010


The “Review of Civil Litigation Costs: Final Report” by Sir Rupert Jackson was published on 14th January 2010. This contains yet further support for ADR, and mediation in particular. Prompted by the publication of the Final Report, this paper sets out a few points about mediation, its function, its place in civil justice, the likely effect of the European Mediation Directive, the role of mediation in the maritime field and, in particular, expresses a short note of concern about how mediation might develop. The writer does not purport to cover the entire ground but touches upon a few selected points. In particular, the paper focusses on certain views expressed, prior to the Final Report, by senior members of the English judiciary in support of the wider use of mediation.

Mediation is something of a global phenomenon, as a short glimpse on the Internet alone will attest; but this note is primarily directed to the picture in England and Wales. Mediation is in many ways a remarkable process; vigorous, dynamic and effective. Its wider use is to be encouraged; its development should be handled with care.

Keywords: ADR, alternative dispute resolution, mediation, litigation, European Mediation Directive

Suggested Citation

Clift, Noel Rhys, The Phenomenon of Mediation: Judicial Perspectives and an Eye on the Future (May 3, 2010). Available at SSRN: or

Noel Rhys Clift (Contact Author)

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