The Netherlands is set to become the first European country to introduce mediation as a structural part of its court system through legislation - but UK mediators also back stronger court involvement in mediation, delegates at an international mediators congress in London heard last week.
Machteld Pel, a Dutch court of appeal judge, told the first mediators congress - organised by the Centre for Effective Dispute Resolution (CEDR) - that the Netherlands is preparing to introduce mediation into its court structure through forthcoming legislation.
The move follows a six-month pilot throughout the Dutch courts and would make the Netherlands the first country to adopt a legislation-based mediation system.
Ms Pel said: 'The best way to obtain mediation is not by pressurising people but by encouraging them.'
She said the scheme is likely to involve judges writing letters to potential litigants asking them whether they have considered mediation, but also having the power to refer cases to mediation.
Meanwhile, an Internet-based survey of more than 200 UK mediators, carried out by CEDR and unveiled at the congress, found that four-fifths wanted UK judges to direct more cases to mediate.
Mr Justice Lightman told the congress: 'There are different schools of thought about mediation.
In the Chancery Division [of the High Court], some judges regard it as a novelty which has no place in their lives.'
CEDR chief executive Professor Karl Mackie said: 'The Dutch are taking a typically systematic approach to testing and implementing a new part of the civil justice system, including two-day training for judges just on when to refer cases to ADR - very impressive but unlikely to be replicated in the same form in the UK.'
Jeremy Fleming
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