Yes. Many judicial review disputes are suitable for mediation, particularly where the parties wish to explore settlement before a contested hearing.
Mediation is increasingly being used in disputes involving civil liberties and human rights, including judicial review, as it provides a private, structured, speedy and constructive way to resolve public law challenges without the need for fully contested Court proceedings. In cases that are urgent, sensitive, or reputationally significant, mediation can offer clarity and resolution far sooner than litigation alone.
Human rights disputes often arise where individuals challenge decisions made by public authorities. These claims are frequently brought by way of judicial review and may concern liberty, family life, housing, detention, discrimination, or access to essential services.
Although judicial review is a formal Court process, many disputes are suitable for mediation at an early stage. Mediation can take place before proceedings are issued, after a claim has been filed, or at any point up to a final hearing.
An independent mediator facilitates structured discussions between the claimant and the public body and/or interested parties in the proceedings. The mediator does not decide the outcome but supports informed dialogue, helps clarify legal risk, and encourages realistic settlement options.
In public law disputes, mediation can:
- Narrow or resolve the issues in dispute
- Reduce cost exposure and delay
- Avoid adversarial escalation
- Preserve relationships between individuals and public authorities
- Allow for practical and forward-looking solutions beyond a simple Court order
Where agreement is reached, the outcome can be formally recorded and, where appropriate, incorporated into a consent order.
At Trinity ADR, our barristers and accredited mediators combine their day to day experience in civil liberties and human rights litigation with specialist dispute resolution expertise. Many act regularly in judicial review proceedings and understand the strategic, procedural, and reputational considerations involved for claimants, public authorities and other interested parties.
We provide a balanced, legally grounded environment in which complex public law disputes can be addressed proportionately and constructively. Our focus is on achieving workable, sustainable outcomes that reduce risk and support effective decision-making.
Civil Liberties, Human Rights & Judicial Review — FAQs
Can judicial review cases be mediated?
Not automatically. If agreement is reached, it can be recorded in writing and, where necessary, formalised in a consent order approved by the Court.
Can urgent civil liberties and human rights cases be mediated?
Yes. Mediation can be arranged quickly and may take place alongside applications for interim relief where required.
Yes. Discussions are private and cannot be referred to in later proceedings unless both parties agree.
Contact Trinity ADR and our experienced clerks will discuss the nature of the dispute and identify a mediator with appropriate public law and judicial review expertise.
Trinity ADR
Get in touch for a free, no-obligation consultation to explore your options and determine whether ADR is appropriate for resolving your dispute, with the option to meet remotely via video conference.