Jon Shaw writes for Construction Law on Compulsory Mediation before trial

29th May 2025

3PB Barristers’ (3 Paper Buildings) specialist construction law barrister Jon ShawJon ShawCall: 2008 has written for Construction Law on whether making the process of mediation compulsory will lead to the resolution of more disputes before trial.

In his article, entitled “Compulsory Mediation before trial: cracking even the hardest nuts”, Jon reviews three recent cases in which alternative dispute resolution has been encouraged or mandated by the Courts in hopes of resolution. Jon’s article includes a case study on DKH Retail Ltd and others v City Football Group Ltd [2024] EWHC 3231 (Ch), a case which is thought to be the first reported decision in which the High Court exercised the power to make a compulsory mediation order.

Ultimately, Jon concludes that only time will tell whether the making the traditional voluntary process of mediation compulsory will succeed in resolving more disputes than at present, while highlighting that the shift suggests that it seems likely that parties will need exceptional reasons to avoid mediation going forwards.

Jon’s article is available to read within the March edition of Construction Law, here. Please note, a subscription is required to access the article.

If you wish to contact or instruct Jon, please contact Senior Practice Manager Joe Townsend via email, or telephone 020 7583 8055.