Balancing Justice: Mandatory Mediation and Human Rights Principles in Evolving Legal Landscapes

Viktoriia Hamaiunova
PhD Researcher in Law, Newcastle University, Certified Mediator (PDSL),
Senior Lecturer in Human Resource Management, Apex Leadership Institute

Key Words: Mediation, mandatory mediation, court mediation, legal culture, balance of power, right to a fair trial, human rights, power imbalances, autonomy in dispute  resolution, access to justice

Abstract
This article examines the growing role of mediation within modern judicial systems and its implications for human rights, procedural fairness, and access to justice. Drawing on a comparative legal and doctrinal analysis, it explores the shift from purely voluntary mediation toward models in which parties are compelled to engage in interest-based dispute resolution prior to — or alongside — formal litigation. By reviewing statutory frameworks, judicial decisions, and empirical data from multiple jurisdictions, the article identifies recurrent tensions surrounding mandatory mediation, particularly regarding power imbalances, confidentiality, and the risk of undermining substantive legal rights.

Findings highlight the need for procedural safeguards — including quality legal representation, mediator training to address power asymmetries, and potential carve-outs for disputes involving severe rights violations — to ensure that mandatory mediation does not erode the principle of equal justice. The article concludes by calling for clearer criteria on when mediation is appropriate versus when access to adjudication is indispensable, positing that such guidance is increasingly critical to preserve the legitimacy of both  national legal systems and international human rights frameworks.