The law covers everything. His protective mantle extends to all human beings regardless of their race, color, religion, sex and social status. Therefore, his voice must be heard by all and his guiding light must be easily accessible, especially to those who need it most. Mindful of this principle, one is easily inspired by the efforts that students, lawyers, and solicitors are putting into the Street Law Project. Spreading the word of justice to the laity at the grassroots level is not only a challenging endeavor, but also a very rewarding experience.

In accordance with the UK Street Law programme, some schools include mediation assistance as one of their activities through the Friends of Mediation Project. This is a pioneering initiative in which students receive training in mediation so that they can provide free support to parties who would not otherwise be represented in mediation. The goals of the project are to provide assistance to unrepresented parties and to promote the use of mediation as an alternative form of dispute resolution.

This undertaking is probably one of the most important aspects of legal advocacy that is bound to leave its solid imprint on the public consciousness, especially with the birth of the Woolf reforms which revolutionized the civil law system in England and Wales. These reforms paved the way for the promotion of Alternative Conflict Resolution that includes Mediation as one of its main measures.

Mediation, as an alternative conflict resolution scheme, is the legal system in its most practical application. It takes the law straight to the heart of the community and, in doing so, introduces a new image that often goes unnoticed by the public. By providing a place for people to settle their disputes amicably, mediation has transformed the bystander into a real participant in the administration of justice and, to satisfy its ends, the assistance of the wise is necessary.

Unfortunately, the law, with its sheer complexity, is seen by many as a punitive, fail-safe mechanism that favors the rich and powerful over the ignorant and underprivileged. More often than not, people tend to avoid litigation due to the financial burden and time required for the process, even if it means sacrificing their own rights and interests. It is for this very reason that Alternative Dispute Resolution (ADR) is encouraged by the courts as a matter of routine in accordance with the legislative mandate enshrined in the Rules of Civil Procedure. Although it does not imply extensive knowledge of the law, the parties to the dispute are still entitled to receive sufficient advice and guidance for the protection of their rights. Mediation and other forms of ADR never guarantee a fair settlement if one party is unaware of their options and the legal scope of their claim. An abusive party could easily sway the process in their favor without any legal and informational support for the other party, especially with the insistence of an enterprising attorney.

Unrepresented parties are matched against an actual litigator who most judges see as a problem. According to Issue 15 of the Journal of the Board of Judicial Studies published in 2002, litigants in person often jeopardize their own rights due to a lack of knowledge of the legal procedures and resources available in their case. They can make points that seem “correct” to laymen, but have no basis in law.

By extending assistance to the unrepresented, Mediation Friends volunteers have leveled the playing field, thereby ensuring fair settlements between disputing parties. Consequently, they have also contributed to the much-needed decongestion of court files, providing more opportunities for courts to deal with more pressing matters that would not otherwise be subject to settlement or other cases that are no longer included in the ADR. As future court officials, law students are not unfamiliar with the idea that the management of cases is not exclusively in the hands of judges. Lawyers are indispensable players in the entire legal drama. It becomes an integral part of their role to help the court promote justice in a less burdensome and less costly manner. As such, the Rules of Civil Procedure urge the court, and of course its officials, to encourage the use of alternative dispute resolution.

Mediation covers almost all areas of daily human activity, including personal, commercial and business relationships between members of society. As such, failure to meet its objective not only entails economic damage, but also generates social dysfunction. Companies against their clients, employers against their employees, family members not agreeing. All due to disputes that can be resolved in a less antagonistic way and more akin to the philosophy of man as a social being. Volunteers not only contribute to the frontline delivery of justice, but also share in the fight to save the community from the economic, financial, and sociological strains of avoidable litigation.

Paths to Justice Scotland research reported the results of a large-scale survey that explored the public’s preferences and motivations for taking action when experiencing a wide range of everyday problems. This research indicated ‘a pervasive feeling of ignorance about legal rights that exists in most social groups’. For example, while only 3 percent of respondents who had experienced a problem did nothing to resolve it, the survey found that more than half of those who did not take action did so because they thought nothing could be done. Furthermore, of the 32 per cent who ‘helped themselves’, meaning they took some action to solve their problem but without outside help, one in four considered seeking advice but decided against it. The most frequently cited reasons for not seeking help were that the respondent did not believe that anything could be done or that counselors would not be able to help.

The Friends of Mediation project thus offers potential litigants a unique opportunity. In addition to providing information and options, it opens the door of hope in the complex scenario of civil proceedings. However, there is still a lot to do considering that the project is still at a very early stage. Training in mediation and real practice through free public assistance is undoubtedly a great step forward.

According to an article by Michael Frisby and Zoë Morrison published in the 2008 issue of the Commercial Litigation Journal, ‘The introduction of pre-action protocols and a greater willingness of courts to penalize parties who take legal action other than a matter of last resort has greatly changed the way disputes are handled. With the emphasis on advance cost sharing and early preparation leading to early settlement negotiations alongside Par 36 offers, the reforms have been very successful in promoting early dispute resolution, often without procedures being issued. .’

In the context of commercial litigation, ADR has been successful so far. However, due to the recession and economic slowdown, it is noted that litigation has become a more attractive prospect for some. The article goes on to say that “during past downturns in market conditions, litigation has been a source of increased activity at law firms, as firms fight to keep what they have or use it as a cash flow tool.” to avoid paying money.” From these observations, it is clear that the mediation case is put to the test during periods of economic anxiety. It is during these difficult times that the dedication of volunteers to the cause has become indispensable.

In the workplace, disputes are a common occurrence and according to Bettina Rigg, Partner at Bond Pearce LLP and Accredited Mediator, ADR Group, and Eve Pienaar, Senior Workplace Mediator, ADR Group, in their article “Mediation in the workplace: an overlooked method of dispute resolution”, ‘the use of mediation to resolve workplace disputes has not yet come of age’.’ Without a doubt, resistance from employers is a key reason. There is still a feeling that mediation is the ‘last resort’ before litigation. This is based on the experience of commercial mediation, where mediation is increasingly integrated into the post-procedure litigation stage. Some employers also feel that mediation is somewhat of a soft option, allowing an employee to drag out grievances even further.’ ‘There is also resistance from the employees. Most do not understand that mediation is outside of the HR process or that it is available to them. For many employees, the prospect of going to workplace mediation, often without representation and having to deal with very emotional and personal issues, is frightening and stressful.’ For this reason, the benefits of mediation have been undermined mainly by a lack of information and the apparent misconception of its nature. Once again, the importance of mediation volunteers is at stake.

In England and Wales, ADR has not yet gained sufficient popularity and people need to be informed about its nature and benefits. Civil law experts such as Hazel Genn state that ‘despite the encouragement of pre-action protocols, rules of civil procedure and the Funding Code, the use of ADR has not increased as expected. The voluntary pilot mediation scheme at London County Central Court (CLCC) only had a 4% acceptance rate prior to 1999. Between 1999 and 2003, when the effect of the Woolf reforms was beginning to be felt, there was an increase in accepting this plan, but a decrease in settlement rates from 62% to 40%.” Furthermore, he hypothesizes that “Woolf’s reforms have led parties to mediate to avoid cost penalties and to appear to be cooperating with judicial direction, but they may only be “halfway” in their attempt to negotiate a settlement.” agreement”.

Although some experts say that ADR in the UK is still not as efficient or well known compared to other countries like the US, Canada and even developing countries like the Philippines, the Mediation Friends Project has taken the first step towards ushering in a new era in which small differences are extinguished before it escalates into full-blown conflict that consumes much of our resources and puts pressure on an already troubled society.