In a significant moment for mediation, the highly anticipated Churchill judgment overturns the decision in Halsey, confirming it is not a breach of human rights to integrate mediation into the court process and, where appropriate, to order parties to mediate. CMC, Ciarb and CEDR joined forces to intervene in the case, arguing strongly for this outcome.
The Court of Appeal has decided that the courts can lawfully stay proceedings or order the parties to engage in non-court-based dispute resolution processes which include mediation. The Court of Appeal went on to confirm that comments made by Dyson LJ in Halsey v Milton Keynes General NHS Trust (2004) 1 WLR 3002 (Halsey) were obiter and therefore not binding on the lower courts.
Halsey suggested that whilst the court may encourage parties to engage in private dispute resolution, including mediation, ordering the parties to mediate would breach article 6 of the European Convention on Human Rights, the...