A “comprehensive” data bank of information on mediation is required, according to Lord Neuberger, President of the Supreme Court.
Speaking at the Civil Mediation Conference, in London this week, Lord Neuberger cited UK National Family Mediation statistics that more than 80% of family mediation cases reach full settlement. Conversely, 95% of personal injury cases that settle do so without mediation. Studies also show that failed mediations cost on average no more than £2,000.
“The evidence is not particularly reliable and it would be very good if we had a comprehensive and rigorously collected and analysed data bank of information regarding mediation, so we could make properly informed choices,” he said.
This would assist judges with the conundrum of whether or not to suggest mediation.
He noted that one of the main reasons for mediation failing was that it takes place prematurely, but added: “In general, I strongly suspect that the balance of risk favours judicial recommendation and encouragement of mediation rather than holding back… statistically at any rate, in most cases in which any encouragement towards mediation is successful, the eventual outcome is likely to be happy. Quite apart from this, there is unlikely to be much downside in a judge advising mediation inappropriately (save a waste of the judicial breath), as it is unlikely to result in a mediation.”
He said he felt “cautious” about compulsory mediation, but felt there might be some merit in extending the MIAM (mediation information assessment and meetings) scheme for family cases to smaller civil cases. MIAMs might also suit certain contract-based disputes, such as possession claims based on nuisance and annoyance, he said, and a clause requiring mediation at least in some types of case could be included in every council or housing association tenancy agreement, or in standard form private sector tenancy agreements provided a reasonably experienced mediator could be found.
