Do you have to mediate? Almost certainly… yes
Gowling WLG look at the recent UK Court of Appeal decision in Churchill v Merthyr Tydfil confirming that courts in England and Wales can now lawfully compel parties to engage in alternative dispute resolution (ADR), including mediation, overturning the longstanding view from Halsey v Milton Keynes. This marks a shift toward a more proactive judicial stance on ADR, with courts emphasizing its role in achieving fair, cost-effective resolutions and signaling potential cost consequences for parties who unreasonably refuse to participate.