Mediation in public law litigation
07 April 2011
A new guide published by the Public Law Project will provide practitioners with practical advice on setting up mediation in public law litigation.
Mediation is increasingly used in private law disputes but much less frequently in public law litigation. Evidence shows that although some public law cases are also suitable for mediation, there is a lack of confidence among practitioners and ofﬁcials in identifying them. Even if they do identify suitable cases for mediation, practitioners are then faced with the challenge of persuading the other side to agree.
Mediation in Judicial Review: A practical handbook for lawyers will address the gaps in legal practitioners’ understanding of how mediation can be used as an alternative to, or alongside, judicial review and to provide practical assistance to those practitioners who are, or who may be, considering mediation as a route for resolving public law disputes, particularly judicial review claims.
The guide, written by Varda Bondy and Margaret Doyle was part of a project funded by the Nuffield Foundation to identify the limits of mediation as an alternative to, or used alongside, judicial review. The findings from the original empirical research study are also available to download from this page.
We are also funding two additional projects in relation to mediation and judicial review: one that is looking at how public law disputes between citizens and public authorities are or ought to be categorised; and an investigation of the value of judicial review as a redress mechanism.