Lord Justice Jackson has called for a ‘serious campaign’ to teach lawyers and judges the benefits of mediation to settle disputes.

The architect of the civil litigation reforms told a conference today that he is still a keen advocate of alternative dispute resolution (ADR) as a means of driving down costs. However, he said he is not in favour of forcing parties to seek mediation, instead supporting a programme of education and information.

‘What is needed is not rule change, but culture change,’ Jackson told the conference of the Royal Institution of Chartered Surveyors. ‘I do not agree with the proposals made for sanctions, including sanctions against all parties.

‘Nor do I agree with a proposal for compulsion to be exercised over judges. Judges must have discretion to give such case management directions as they deem appropriate.’

He said that the government has given courts further powers to encourage parties to use ADR and has told judges to consider, at every stage in proceedings, whether it is appropriate.

In the family court, it will be compulsory to find out if mediation is appropriate, although there is no compulsion to take it further.

The court can also demand an explanation from the party declining mediation and penalise in costs parties that have unreasonably refused to mediate.

Jackson said the feedback and evidence to his 2010 costs review had been that mediation and joint settlement meetings were likely to be a highly effective means of achieving satisfactory resolution. But it was clear that smaller businesses and the general public did not appreciate the benefits of mediation.

He did, however, accept that mediation was not a ‘universal panacea’ and could succeed only if it was timed correctly.

Jackson said an independent authority should publish a single authoritative handbook, explaining what ADR is ‘without hype or jargon’. He added that steps are now being taken by an editorial team, under the guidance of Lord Clarke of Stone-cum-Ebony, to produce such a book by April 2013, when the government’s reforms are likely to come into force.

A structured costs regime, argued Jackson, would encourage the use of ADR. He said some cases that ought to settle early because common ground exists between both parties, have become incapable of settlement because of the high costs incurred.

Jackson also confirmed that a pilot scheme will start in April for a mediation scheme in the Court of Appeal. All cases for which permission to appeal has been granted in personal injury, clinical negligence and contractual claims worth less than £100,000, will automatically be referred to the scheme, except where the judge believes it to be unsuitable.