Civil justice resources should be deployed so that there is a gravity-assisted, downhill run to the courtroom where disputes will promptly be judicially determined, if mediation fails. Unless the parties decide otherwise, failed mediation and the judicial determination step should be linked.
There can be no doubt that promotion of the settlement of civil disputes through mediation, is a wise policy. But it must not effectively be the final step in the civil justice process.
If parties are at the point of emotional and financial exhaustion by the time they reach mediation, it will not be practical for them to . . . [more]