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Survey on Compulsory Mediation
Wensum Mediation survey on compulsory mediation in litigation
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What is your primary role?
*
Mediator
Arbitrator
In-house counsel
External Counsel
Other
How many mediations have you participated in over the past 10 years?
0
Between 1 and 10
Between 11 and 30
Between 31 and 60
More than 60
Clear selection
Should the litigation process provide for compulsory mediation in some circumstances?
*
Yes, as a mandatory procedural step at some point in the process to be able to pursue/continue a claim (subject to specified exceptions/judicial discretion to disapply).
Yes, to be ordered by the court on a case by case basis when it considers mediation appropriate.
No, but mediation should be encouraged to a greater extent than it currently is by the courts
No
If mediation were to be a compulsory part the litigation process, what should the consequences for non-compliance (without a valid reason) or perfunctory performance be? (select all that you think should apply)
Costs consequences.
The tribunal should find that it lacks jurisdiction/the case is inadmissible (in case of a failure to mediate by the claimant).
The tribunal could stay the proceedings until a mediation has taken place (in case of a failure to mediate by the claimant).
There should be no consequences for non-compliance.
Other:
If mediation were to be made compulsory in litigation, at what stage do you believe that the mediation should take place? (Select all that you think should apply)
Pre-action
After commencement but before submissions/statements of case.
After submissions but before disclosure/document production.
After disclosure/document production but before the hearing.
Post hearing.
Flexible.
If you believe that mediation should be compulsory only for claims up to or above a certain value, what is the claim value that you believe should be subject to compulsory mediation?
Claims under.
Claims over.
Clear selection
Enter value
Your answer
Is there a type of case which does not lend itself to compulsory mediation?
Your answer
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