Topic: Alternative Dispute Resolution

“It is one thing to encourage the parties to agree to mediation, even to encourage them in the strongest terms. It is another to order them to do so. It seems to us that to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court.”

Critically evaluate the above statement. To what extent are “truly unwilling parties” beyond the scope of alternative dispute resolution ?

 

WE ACCEPT