Current projects
Mediation and Judicial Review
The Public Law Project (PLP) is conducting a year-long Nuffield funded research study on the use of mediation in judicial review.
About the study
The aim of the study is to explore the value and limits of mediation in judicial review. Although there has been considerable enthusiasm amongst policy makers and some members of the judiciary for increased use of mediation, the actual take-up of mediation in judicial review cases is negligible. PLP believes it is important to explore the reasons for this, which we anticipate could include:
- lack of understanding of the mediation process;
- an assessment that mediation does not add value to bilateral negotiations;
- an assessment that mediation does not add value to the judicial review process, which is flexible, relatively low-cost, and speedy;
- principled concerns such as the unsuitability of mediation for challenging decisions made by public authorities; and
- practical considerations such as the time and costs involved in mediation.
Previous research conducted by PLP (Permission Stage in Judicial Review) suggests that public law practitioners have very limited experience of mediation, yet hold a wide and even contradictory range of views, beliefs, conceptions and misconceptions about it. In interviews with legal practitioners, mediators and judges, the researchers will explore the basis of these views. In particular we are interested in exploring:
- what practitioners seek to achieve for their clients;
- how mediation is understood within public law communities;
- which public law cases are considered suitable for mediation, and which unsuitable; and
- whether mediation adds value to the JR process, and if so, at what stage it is most helpful.
About the research team
Varda Bondy, Researcher and Project Coordinator, is a solicitor and a researcher in judicial review. She conducted PLP’s Nuffield-funded action research projects ‘The Impact of the Human Rights Act on Judicial Review’ [2003] and ‘The Permission Stage in Judicial Review’ [To be published 2007; jointly with the University of Essex].
Margaret Doyle, Researcher,is an independent mediator and conducts research on dispute resolution. She is also the author of ‘Advising on ADR’ [2000].
Val Reid, Researcher, is the ADR policy officer for the Advice Services Alliance, the umbrella group for advice networks in the UK. She also lectures on ADR.
Professor Linda Mulcahy, Research Consultant and Supervisor, is an Anniversary Professor in the School of Law, Birkbeck College, University of London. She has researched and published widely on disputes and their resolution in the field of medical and public law.
Professor Maurice Sunkin, Project Adviser, is Dean of the School of Law at Essex University and is a nationally acknowledged public law expert. He has substantial experience of undertaking research into access to justice in the public law field.
Contact details
v.bondy@publiclawproject.org.uk
020 7697 2193
Consultancy