In most countries, judges are entitled to discuss with/recommend or even order to the parties to go to mediation. However, this possibility is not used as much as it could be.
There is a general absence of framework for the judge to promote a case to mediation: what is the applicable law, what is the cost, who to advise, how to ensure quality, how to inform or convince the parties that mediation might be the best resolution process?
Some judges are convinced about the pros of mediation and will say “a judge decides on a case but does not solve the dispute”. Others need to be convinced and share experience with peers. The absence of interaction between judges and mediators as well as, in many cases, the difficulty to have clear and effective information about mediation hinders the full development of mediation as a viable alternative to trials.
On this page you will find “ready to use” tools to support you, the judge, in advising parties to go to mediation. Other documents on mediation, published by the project partners, are available on the Mediation meets Judges website.