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11 August 2023 / James South
Issue: 8037 / Categories: Opinion , ADR , Mediation
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Integrated mediation: the next step

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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,

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

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Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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