Mandatory Mediation: An Oxymoron? Examining the Feasibility of Implementing a Court-Mandated Mediation Program

Cardozo Journal of Conflict Resolution Vol 11.2 (Spring 2010)

32 Pages Posted: 10 Oct 2016

See all articles by Dorcas Quek Anderson

Dorcas Quek Anderson

Singapore Management University - School of Law; Singapore Management University - Centre for AI & Data Governance

Date Written: January 1, 2010

Abstract

Since the introduction of the "multi-door courthouse" concept at the Pound Conference, court-annexed mediation programs have been established in increasing number. The courts' increasing association with mediation programs begs the question of whether they should compel disputing parties to attempt mediation, especially in jurisdictions where mediation has not been widely utilized.

This paper examines the current debate concerning court-mandated mediation and evaluates other jurisdictions' approaches. The author uses a "continuum of mandatoriness" to analyse the differing levels of compulsion, and argues that mandatory mediation only becomes a cause for concern in certain situations along the continuum. The paper recommends ways to design the program in a way that does not impinge upon the parties' autonomy within mediation.

Keywords: mandatory mediation, oxymoron, court-annexed mediation

Suggested Citation

Quek Anderson, Dorcas, Mandatory Mediation: An Oxymoron? Examining the Feasibility of Implementing a Court-Mandated Mediation Program (January 1, 2010). Cardozo Journal of Conflict Resolution Vol 11.2 (Spring 2010), Available at SSRN: https://ssrn.com/abstract=2843509

Dorcas Quek Anderson (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

Singapore Management University - Centre for AI & Data Governance ( email )

55 Armenian Street
Singapore
Singapore

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