Compelling Mediation: A Landmark Discussion at London International Disputes Week

On Thursday, 5 June 2025, London International Disputes Week (LIDW) played host to a dynamic and well attended panel discussion titled “Compelling Mediation: A Transformation of the Dispute Resolution Landscape”. Organised by gunnercooke partners, Laurence Katz and Khaled Moyeed, both specialists in dispute resolution, together with McCarthy Tétrault and the Centre for Effective Dispute Resolution (CEDR), the event took place at the headquarters of CEDR, a fitting venue for a conversation at the cutting edge of global mediation practice.

A Global Perspective on Compelled Mediation

Expertly moderated by Laurence Katz, the panel brought together leading voices from across jurisdictions to explore the evolving concept of compelled mediation. As legal systems around the world grapple with court backlogs and increasing litigation costs, the move toward making mediation a mandatory or a compellable step in litigation is gaining traction. This timely discussion delved into the legal, procedural, and cultural implications of such a shift.

Khaled Moyeed outlined the English legal framework and its evolving stance on compelled mediation. Highlighting recent court decisions, Khaled illustrated how the civil procedure system in England and Wales is beginning to lean more firmly into integrating mediation as a core part of civil procedure, moving beyond the traditional voluntary model. Khaled also made some suggestions for possible policy reform in this area.

From across the Atlantic, Laura Gill, a partner at McCarthy Tétrault’s Calgary office, shared the Canadian experience. Laura explored how various provinces in Canada have adopted different approaches to compelled mediation, and how these have impacted access to justice, efficiency, and settlement rates. She provided insights into the effectiveness of court-annexed mediation schemes and judicial encouragement in Canadian civil courts.

Susanne Schuler, an international mediator and Director of Training & Consultancy at CEDR, brought a continental European perspective to the conversation. Focusing on Italy, one of the first European countries to enact legislation compelling mediation in civil and commercial matters in 2010, Susanne examined the effects of such legislation over the past decade. She discussed compliance rates, public perception, and how the legal culture in Italy has adapted to this model, offering a useful comparison for jurisdictions contemplating similar reforms.

Completing the global overview was Paul Sills, a New Zealand-qualified barrister and mediator. Paul shared New Zealand’s approach to mediation where, while mediation is not typically mandated, courts and tribunals often strongly encourage parties to explore mediated outcomes. His analysis highlighted a legal culture that values consensus-building, and he posed thoughtful questions about how “compulsion” might alter the mediator’s role and the dynamics between parties.

Engaged Audience, Lively Discussion

The event drew a full house, with a diverse international audience of solicitors, barristers, in-house counsel, academics and mediators packing the venue, reflecting the level of interest in compelled mediation.

Following the panel discussion, the audience engaged in a robust question and answer session. Attendees posed challenging and insightful questions, fostering deeper discussion around enforcement, party autonomy, judicial discretion, cultural attitudes toward mediation and the need for creativity in mediation. These added richness to the debate, demonstrating the appetite amongst the legal profession and mediators for meaningful debate in this area.

There was a valuable opportunity after the session for continued discussion among professionals across jurisdictions and sectors. The informal setting allowed attendees to connect with speakers, explore collaborative ideas, and reflect on the approach to compelled mediation in their own jurisdictions.