In new Zealand there is a general reluctance for lawyers to seek mediation as a means to resolve clients disputes (there is however a group who certainly understand its use and application). This is dispite various statutes and court rules increasingly encouraging the use of ADR, and mediation in particular. In some jurisdictions there are cost and process rules that incentivise the parties and their counsel to adopt ADR.
Is this what is required for mediation to become a routine part of pre-litigation advice? Does anyone have experience in a jurisdiction where mediation was at one time purely voluntary, but is now "institutionalised" in that it is part of the litigation track / court rules? What was the uptake, and what culture changes did it evidence in practitioners understanding approach to dispute resolution?
I would appreciate your thoughts.
It's great to see a Lawyer talking about mediation. I think its a great idea what you've mentioned specially with couples separating often use their solicitors to torment the other party and make life hell rather than focusing on coming to some compromise. Looking back its something I wish I'd done! Maybe this could be part of a pre nuptial? If we should part ways we agree that we go to mediation.
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