This week (8-10 November 2023) sees the case of Churchill v Merthyr Tydfil County Borough Council. Three judges this week will be hearing what many are seeing as a landmark case over the concept of compulsory mediation. Three dispute resolution bodies are aiming to overturn a 2004 Court of Appeal decision that determined that compelling parties to mediate was a breach of provisions in the European Convention on Human Rights that guarantee the right to a fair trial.

Michel Kallipetis KC is representing Merthyr Tydfil County Borough Council in this landmark case.

CMC, Ciarb and CEDR are intervening in the case of Churchill v Merthyr Tydfil County Borough Council.

Rebecca Clark current chair of the CMC is quoted in The Times today. Rebecca Clark says that it is important that the appeal court this week “is given evidence as to [alternative dispute resolution’s] efficacy and increasing popularity: mediation saves time, money and court resources”.

See The Times article here – Knotweed case will test existing ruling on compulsory mediation (thetimes.co.uk)