Yes, Solicitors have a professional duty to advise, not just about mediation but about alternative dispute resolution methods generally. The duty is set out in the Guidance Note 15 to Rule 2 of the Solicitors Code of Conduct 2007. Note 15 says :
When considering the options available to the client (2.02(1)(b)), if the matter relates to a dispute between your client and a third party, you should discuss whether mediation or some other alternative dispute resolution (ADR) procedure may be more appropriate than litigation, arbitration or other formal processes. There may be costs sanctions if a party refuses ADR – see Halsey v Milton Keynes NHS Trust and Steel and Joy [2004] EWCA (Civ) 576. More information may be obtained from the Law Society’s Practice Advice Service.
Solicitors also have duties under the CPR and the Pre-Action Protocols to advise clients about mediation in appropriate cases.
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