header-logo header-logo

26 July 2018 / Graham Massie
Issue: 7803 / Categories: Features , ADR
printer mail-detail

Taking stock of mediation

nlj_7803_massie

Graham Massie charts the growth & success of mediation across the civil justice landscape

At the end of the 20th century an anecdotally large proportion of the legal sector regarded commercial mediation as a nuisance that got in the way of litigation. Today (and 28 years since commercial mediation began to put down roots in the UK) that era would appear to be behind us as the key finding from the 2018 CEDR Mediation Audit shows an increase of 20% since 2016 in the number of mediations that take place each year. If one looks at the Quarterly Civil Justice statistics published by the government in recent years (when removing small claims) you come to a number of just over 60,000 claims a year against which 12,000 mediations taking place over the same period looks rather healthy.

The primary focus of the audit, conducted for the last 16 years biennially by the Centre for Effective Dispute Resolution (CEDR) as part of its public mission, is to assess how the market and mediation attitudes are changing. The audit is conducted alongside a survey of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll