Mandatory mediation advice requirement upheld

The High Court has upheld the legislative requirement that plaintiffs must be advised to consider mediation before initiating litigation, as mandated by statute. The court emphasised the necessity of a Mediation Declaration to accompany the initiation of proceedings, without which the court must adjourn the hearing. In this case, the plaintiffs' proceedings were issued without the required Mediation Declaration, leading to the adjournment of the case. The court highlighted the importance of this requirement as a means to encourage mediation as a first resort, potentially saving litigants significant legal costs and time. The decision affirms the court's role in ensuring compliance with the applicable statute and underscores the legislative intent to make litigation a last resort.