Dr Ann Brady welcomes the government’s mediation proposals
The government has now produced its response to the consultation Solving disputes in the county courts; creating a simpler, quicker and more proportionate system. Questions 31-37 of the consultation gave those involved with mediation practice both inside and outside the courts the opportunity to give their views. These questions ranged from whether the Civil Mediation Council’s (CMC) accreditation scheme for mediation services providers (providers) was sufficient, whether automatic referral to mediation in small claims cases should be introduced and whether, if the small claims financial threshold was raised, automatic mediation should apply to these new levels too They were also asked to suggest how small claims mediation should be provided and whether they considered that any cases should be exempt from automatic referral to mediation process. The implementation proposals can be found at www.official-documents.gov.uk/document/cm82/8274/8274.pdf.
It is perhaps useful to point out initially how the system currently works. Judges use case law when considering whether or not it is appropriate to refer a case to mediation. Halsey v Milton Keynes NHS Trust [2004] EWCA
