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An analysis of mandatory mediation

Author: 
Ruhi Paul
Abstract: 

This Mandatory mediation is sometimes referred to as an oxymoron as it is curtailing the voluntary nature of the mediation and also impinges on the rights of self-determination and autonomy of parties which are the hallmarks of mediation process in the conventional sense. However, it is also true that no rights can be absolute. As part of civil justice reforms all over the world, mandatory mediation programs were introduced as part of civil justice systems, either through special laws providing for pre-trial mediation for some categories of causes of actions or through general laws for court-annexed mediation during the continuation of the civil proceedings. There are several policy issues like compulsion for mediation, role of judiciary in promoting mediation programs, which are being debated about these mandatory mediation programs to which different legal systems are dealing with their own ways and in some cases results are encouraging but not so in other cases

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