Ms Stephanie Lord:

I will briefly add to the comments of Ms Barry. Mediation is considered best when it is voluntary. Mediation is not suitable for every particular case that might present. There is an implicit acknowledgement of that within the Mediation Act 2017 because it excludes some specific proceedings. Doing something such as removing civil legal aid as a penalty for not engaging in mediation would be a disproportionate response in that case. It might be better to examine making mediation more accessible. There is some research on the provision of mediation services in Canada where it is available on site in the courts. In that situation, while people might be waiting to enter a court hearing, they are encouraged to engage in mediation processes because they have nothing to lose. They are there already and the mediation service exists. That is something worth looking at if the objective is to encourage more people into mediation, as opposed to presenting penalties for not doing it.