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(c)
Proposal 65: Mandatory mediation by election of one party
As indicated above, this proposal, like Proposal 63, was generally unpopular. To
allow any party to force the other, unwilling, party to go to mediation was thought to
be a recipe for abuse by parties wishing to delay proceedings and to create obstacles in
the way of their resolution. To give one party a power to impose its will in this way -
without any judicial control - was also thought likely to worsen the relationship
between the parties, making the chances of success in the mediation more remote.
The Working Party agrees and does not recommend adoption of Proposal 65.
Recommendation 140: Proposal 65 (for introducing mandatory mediation by
election of any party to a dispute) should not be adopted.
Notes
Proposal 64 is dealt with below.
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