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Mediation statistics, by The Law Society Gazette.

In an article dated 23 October 2017*, John Hyde discusses recent findings in the Civil Justice Council’s Interim Report on the future role of Alternative Dispute Resolution**. The report contains some interesting mediation statistics, providing a breakdown of mediator case loads.

The mediation statistics make for interesting reading, with a very surprising 87% of cases involving either commercial contract (45%) or professional negligence disputes (42%). The next highest is intellectual property (5%).

The full table is here:

mediation statistics

Brief Comment

The dramatic weighting in favour of commercial contracts and professional negligence is interesting. This suggests that those involved in these disputes are more familiar with the benefits of mediation compared with litigation, such as the dramatic costs savings and the ability to protect reputations because mediation is a confidential process.

Just as interesting is the scarcity of use in a fields such as employment law. Perhaps the availability of ACAS Early Conciliation, & Judicial mediation, in employment law might explain the low usage in that field; or perhaps workplace disputes are simply being resolved in-house at an early stage more often.

Construction law has a well established ADR framework, and adjudication and arbitration are well established procedures. Mediation is still stated at a surprisingly low figure in the above table though.

Personal injury is both surprising and not surprising to us. Low value personal injury work very rarely sees mediation used. It is process driven the majority of the time, and costs are fixed. Where mediation is more likely to be used is in complicated or high value cases, or in clinical negligence cases. The launch of the NHS Resolution mediation scheme should have seen the use of mediation increase in this sector, however there has been some recent controversy regarding the low uptake of the scheme and who is to blame for this***.

The gist of John Hyde’s article is that there remains some distrust towards the supposed benefits and effectiveness of mediation. For this to change, mediation providers need to continue to reach out and provide information to the public.

* article here

** CJC interim report can be found here

***Head of NHS Resolution blames Claimant lawyers for low uptake of NHS mediation scheme – article and comments here

We at Mediatelegal believe passionately in mediation. If you or your client would like to discuss how it can be of assistance, please feel free to get in touch. We’ll provide any information you need, or come to meet with you.

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Did you know?

Workplace disputes will affect profitability and performance. Use mediation to resolve disputes swiftly.

The longer a dispute continues in the workplace, the more dramatic the effect on those working in or around it.

Conflict between employees can spread throughout the workforce, affecting morale and performance, if untreated.

A 2008 CIPD survey found that 51% of respondents use an external mediator to resolve people problems and conflict.

A 2008 CIPD survey found that 75% of mediations were initiated by HR departments.

If you express your anger you will start an argument; if you explain your anger you will start a discussion.

In 2016 mediation will have saved UK businesses £3 billion in wasted management time & productivity, damaged relationships, & legal fees.

Ignoring ‘mega-cases’ the total value of mediated disputes in the UK each year is £11.5 billion.

Since 1990, the total value of mediated cases in England & Wales is £110 billion.

CEO of regional Charity – “We have had cause to use Mediatelegal recently and I was delighted with their service. the mediator was patient during a very emotional and somewhat difficult situation but handled it beautifully. We saved a significant amount of money and would highly recommend this organisation to anyone wishing to avoid costly legal bills.”

Linda Lavery, The HR Dept: “I cannot recommend them highly enough. They were brought in to resolve a complex dispute which had continued for months with no resolution. The process was managed from start to finish by Mediatelegal and with their expertise and impartiality, the conflict was resolved amicably for all parties in just 1 day. The management time and money that has been saved is incalculable.”

According to the CEDR 2018 audit, 89% of mediations settle successfully on the day or shortly afterwards.

You are entitled to recover certain expenses incurred when attending a SEND mediation session.

An individual might potentially require an Education, Health and Care Plan (EHCP until they reach the age of 25.

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