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(e)
The additional costs point
There is no doubt a risk that a mediation may fail and that this would add to the costs
and might possibly delay resolution of the dispute. However, this concern does not
justify an out-and-out rejection of court-annexed mediation, at least over an initial trial
period.
Instead, the focus ought to be on minimising that risk by enhancing the supporting
infrastructure, in particular by a programme for the training of judges, lawyers and
other referral agencies in the selection of cases suitable for mediation and for the
training of skilled mediators capable of achieving constructive results.
The savings and other benefits which are likely to accrue if court-annexed mediation
were to succeed are such as to justify assuming the residual risk, certainly at least for
an initial trial period.
As indicated above, a gradual approach to court-annexed mediation, with an
evaluation and review after the initial period, should be prudently adopted. If the
scheme was then found to be adding to costs and delays, appropriate steps could be
taken.
For the foregoing reasons, in the Working Party's view, the five broad grounds for
objection do not compel a conclusion against adopting an appropriate form of court-
annexed mediation.
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