William Wood QC considers the challenges for mediation
What do we think of when we think of alternative dispute resolution (ADR)? Do we think of commercial disputes being sorted out over a day or two between sophisticated banks and insurance companies in a conference room at Freshfields? Or of a small claims mediator working through the sequence of telephone calls (aggregate time-limit one hour) to sort out a £3,000 claim by a builder? Or is our image of a volunteer community mediator shuttling between a pair of neighbours in Wandsworth to resolve a dispute about a vigorous leylandii hedge? Do you think of an ACAS conciliator using a mixture of advice, guidance and mediation with employer and employee to prevent employment tribunal proceedings being (expensively) commenced? I haven’t even touched upon workplace mediation or family mediation or any of the mass of consumer conciliation schemes or peer mediation or....
The Civil Mediation Council has talked at times of forming a Mediation Council to be a central umbrella over all of these different areas. A noble ambition. For on any view ADR is
