header-logo header-logo

11 August 2023 / James South
Issue: 8037 / Categories: Opinion , ADR , Mediation
printer mail-detail

Integrated mediation: the next step

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll