header-logo header-logo

Integrated mediation: the next step

11 August 2023 / James South
Issue: 8037 / Categories: Opinion , ADR , Mediation
printer mail-detail
133392
Widespread use of mediation could make a valuable contribution to resolving many disputes before the county courts: James South suggests thinking big to reap its rewards

The government announcement of 25 July 2023 is significant: to integrate commercial mediation in contested claims under £10,000 in the county court in England and Wales. However, in its submission to the Ministry of Justice on the call for evidence on mandatory mediation back in 2021, the Centre for Effective Dispute Resolution (CEDR) drew on 30 years of experience of mediating and running court-based systems in the UK, as well as assisting other countries to develop mediation within their own court systems, to advocate going further in integrating mediation into the civil justice system, rather than just applying it to small claims.

Mediators know first-hand that human beings largely like to avoid conflict, and that we have been conditioned to hand over disputes to the civil justice system. In this context, the state to date has only provided one option for resolution: adversarial litigation,

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll