All Australian jurisdictions have legislated for mandatory referral of proceedings to mediation despite persuasive arguments against mandated participation. While the advantages of mediation are well recognised - particularly with respect to efficiency and cost cutting - it has been argued that, by definition, ADR processes such as mediation should be an ‘alternative’ to litigation, rather than merely an alternative within the wider litigation process.
"ADR: Where did the 'alternative' go? Why mediation should not be a mandatory step in the litigation process,"
ADR Bulletin: Vol. 12
, Article 2.
Available at: http://epublications.bond.edu.au/adr/vol12/iss3/2