Discusses the extent to which pressure on individuals to waive the legal enforcement of their rights in favour of mediation amounts to coercion and may infringe the European Convention on Human Rights 1950 art.6(1). Reviews the growing pressure to mediate disputes, the public significance of civil justice, and the ways in which art.6(1) is relevant to civil justice mediation. Details the criteria to be satisfied before a judge finds that an applicant has waived the right of access to a court, and when individuals risk incurring adverse costs for an unreasonable refusal to mediate.
Shipman, Shirley
Faculty of Humanities and Social Sciences\School of Law
Year of publication: 2013Date of RADAR deposit: 2018-05-09
https://creativecommons.org/licenses/by-nc-nd/4.0/ - This is a pre-copyedited, author-produced version of an article accepted for publication in Civil Justice Quarterly following peer review. The definitive published version Waiver: Canute against the tide? S. Shipman. C.J.Q. 2013, 32(4), 470-492 is available online on Westlaw UK or from Thomson Reuters DocDel service.