When my daughters sailed on the tall ships for several summers, the crew had a daily activity called “mandatory fun.” It seems like an oxymoron until you think about it a bit. If you tell people they’re going to have fun, they do.
If you tell people they have to try to resolve their disputes, or else… — they will.
I have had many “full and frank discussions” (a very useful diplomatic euphemism) with fellow commercial lawyers about whether to include mandatory mediation clauses in business agreements.
Those who are vehemently against the idea insist that forced mediation doesn’t work. . . . [more]