Posted: November 21st, 2014

It is one thing to encourage the parties to agree to mediation, even to encourage them in the strongest terms. It is another to order them to do so. It seems to us that to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court.

4 Queations (as stated below in the order instructions)

Project description
Q1..It is one thing to encourage the parties to agree to mediation,
even to encourage them in the strongest terms. It is another to
order them to do so. It seems to us that to oblige truly unwilling
parties to refer their disputes to mediation would be to impose
an unacceptable obstruction on their right of access to the
court.
(Halsey v. Milton Keynes General NHS Trust [2004])
Discuss the strengths and weaknesses of litigation and mediation,
commenting upon the positive encouragement by the civil justice
system, to use alternative forms of dispute resolution (ADR).

Q2..For us an Act of Parliament duly passed by Lords and Commons
and assented to by the King is supreme, and we are bound to
give effect to its terms.
(Lord Justice General Dunedin in Mortensen v. Peters (1906))
Discuss the accuracy of this statement today having regard to the UKs
membership of the European Union.

Q3..The traditional view is that the constitutional role of the judiciary is
simply to apply the law. Consider to what extent this view ignores
the discretion and creative power of the judiciary when interpreting
legislation.

Q4..Case law comes from the decisions made by judges who are bound by
judicial precedent that aims to provide certainty in the law. However, it
is important that the law is also flexible in adapting to the demands of
modern society.
Discuss how judges are able to balance certainty and flexibility which
may be perceived as contradictory characteristics

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