Recourse to Mandatory Mediation from a Comparative Procedural Law Perspective

There has been a significant shift towards mandatory mediation worldwide, particularly over the last five to ten years, although mediation is fundamentally a dispute resolution method based on mutual consent. The requirement to engage in mediation before initiating a court action, without the obligation to settle, is generally not regarded as a violation of the right to access the courts. In this context, we aim to explain related topics, including who should seek mediation, when it should occur, and where it should occur. We will also focus on the legal consequences of attempting mandatory mediation. While recourse is compulsory, agreement is fully voluntary in mandatory mediation; participation is a controversial issue that we try to address in our study. Additionally, we will examine the potential consequences for those who fail to engage in mandatory mediation before bringing a case to court. In our study, we will focus on examples of Italy, the United Kingdom, and Türkiye, where mandatory mediation has become widespread in recent years, along with international court rulings.