The genie of autonomy: steering mandatory mediation within human-rights limits

Abstract

This article maps four features of court-connected mediation–entry, institutional locus, procedural embedment and consent safeguards–to show how design can shift responsibility and over-amplify autonomy. It then sets out when consent should not legitimise outcomes, using dignity, bodily integrity, equality and access to justice as baselines, and pairing minimum protections with pre-approval judicial review. Comparative analysis explains why ‘intermediate’ mandatory models matter: nudged attendance, time/cost pressure and confidentiality can close files before legal standards are applied; the proposal keeps mediation facilitative while adding narrow, early checks.