The Government has announced plans to introduce compulsory mediation for all small claims below £5,000 whilst a pilot scheme in respect of cases going to the Court of Appeal started on 2nd April 2012 and is due to run for a year. Importantly, the judiciary appears to support the use of mediation as a means of reducing costs.
The pilot scheme in respect of cases going to the Court of Appeal – The Court of Appeal Mediation Scheme (CAMS) – is to be managed by the Centre for Dispute Resolution (CEDR). The pilot applies to all personal injury and contract claims up to the value of £100,000.00 for which permission to appeal is sought and obtained. Unless a Judge exceptionally directs otherwise the matter will automatically be referred for mediation to CEDR. It is intended that Litigants in Person involved in an appeal who qualify for free Legal Help will be assisted to find a pro bono legal advisor by LawWorks.
A recent personal injury case Ghaith v Indesit Company UK Limited [2012] EWCA Civ 642 has highlighted the importance of mediation. Ghaith was a comparatively straight claim for personal injury suffered by the Claimant whilst in the employ of the Defendant. The claim was unsuccessful but the Claimant was given leave to appeal. Longmore LJ, allowing the appeal and referring it back to the County Court for an assessment of quantum, said that it was “a great pity” that the Defendant had rejected mediation in respect of the appeal which he said would “inevitably result in a substantial increase in costs”. It would therefore appear inevitable that the Defendant will bear a heavy costs penalty for its refusal to mediate which would draw parallels with the case of Dunnett v Rail Track Plc [2002] when the Court of Appeal refused to grant a Costs Order to Rail Track on the basis of its refusal to use mediation.
Both Claimants and Defendants should take note of Ghaith and start to brush up their mediation skills and training. Mediation is also going to be of increasing importance and relevance in the area of legal costs and the ACL is running what is expected to be the first of many costs mediation courses in association with the London School of Mediation (LSM) in September this year.
Secure Legal Services Ltd are firm supporters of alternative dispute methods, we are not only accomplished Costs Specialists, we are also experienced qualified Civil & Commercial Mediators’ accredited by the London School of Mediation, and members of both the Chartered Institute of Arbitrators and Civil Mediation Council.
We mediate a wide variety of Civil & Commercial disputes by supporting the parties to identify simple long-term solutions to complex problems, ranging from low value financial disputes to seemingly intractable multi-million pound commercial cases.
Secure Legal Services also offer Costs Mediation Conferences by telephone at competative fixed rates.
Call us on: 01543 492 135 for more details or email us via the ‘Contact Us’ page and we’ll call you straight back.
**** Here at Secure Legal Services we believe the real art of mediation lies in excavating beneath a parties “position” and discovering a need or a want. We believe that ‘needs’ and ‘wants’ are the engine and wheels of every successful negotiation ****
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