Mediation has been my professional passion for nearly three decades. Therefore, I can see patterns and make connections others might not be able to, and I can also decipher hopeful signals where others may see only isolated developments. So, when I say we may be approaching a tipping point for mediation worldwide, I do that with both excitement and caution.

The occasion for this reflection is a decision of the High Court of England and Wales: DKH Retail Ltd & Ors v. City Football Group (2024) EWHC 3231 (Ch). In that case, the court ordered the parties into mediation despite one side’s resistance. The judgment contains words that, to me, capture the essence of mediation’s value: “Mediation is capable of cracking even the hardest nuts” and, once the process begins, “everything would be up for grabs.” For those of us who have worked in mediation for decades, this judicial acknowledgment is significant—not only for what it says about that jurisdiction, but also for how it may reflect a wider global shift.

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