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Should Mediation be Mandatory?

Should Mediation be Mandatory?

What is your personal view on mandatory mediation?



Full Transcript

I would say that, at first, I was a bit reluctant, but my feeling is evolving over time and I guess, after reading a little bit about the Argentinian experience, I wonder if it is not, maybe, a necessary step, in order to force people to learn and experience mediation. And then, these mandatory aspects won’t be needed anymore. I always draw this parallel between mandatory mediation and these laws on gender equality. We are always debating France on you know, now we have a law that states that 40% of board members in a company need to be women.


There was this debate of whether that should be mandatory or whether we should try to take measures that just encourage that kind of undertaking from companies. But after trying for so many years, those kind of, soft measures, we really thought that there was no result. And at the end, France adopted this quota. I was very much against the quota but, I do find that, maybe, it’s required because, otherwise it would take way too long, for people to change their way of thinking and their way of behaving. I mean, it just strikes me that certain changes need to be forced on people and otherwise, we’ll be here, 25 years from now and nothing would have really changed much. And I wonder if we shouldn’t pass, if mandatory mediation is not a necessary pass, not an ideal pass, but a necessary pass to try to impose mediation and force people to learn about it and open their mind to it. And it seems, that in Argentina, they managed to do that to a certain extent.

About the mediator

Diana Paraguacuto Profile Pic

Diana specialises in international litigation, arbitration and alternative dispute resolution. She has served as counsel in international arbitration proceedings held under the auspices of the International Chamber of Commerce, the International Centre for Settlement of Investment Disputes, the London Court of International Arbitration and UNCITRAL arbitration rules. She has expertise in international disputes involving state entities, as well as... View Mediator