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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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