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High Court highlights mediation obligations

The President of the High Court has issued a practice direction that highlights statutory requirements linked to key provisions of legislation on mediation. 

The practice direction from Mr Justice David Barniville underscores the importance of mediation and alternative dispute resolution (ADR). 

It also reminds practitioners and litigants of the potential consequences of failing to comply with their obligations under the Mediation Act 2017.

Section 14 

The court has encouraged practitioners and litigants to familiarise themselves with the direction, HC 141, and to ensure full adherence to the relevant provisions. 

The direction highlights section 14 of the 2017 act, which requires solicitors to advise and provide information to clients on mediation before issuing proceedings. 

The document also says that practitioners should also be aware of the inclusion of guiding principles relating to the resolution of disputes – including references to mediation and other ADR mechanisms – in section 8 of the Family Courts Act 2024, while noting that this provision has not yet been commenced.