Mediation

At the instigation of Lord Woolf (then Master of the Rolls), an Alternative Dispute Resolution (ADR) scheme was established for the Court of Appeal.  The Court of Appeal's mediation scheme, for non-Family work, is administered by CEDR Solve (Centre for Effective Dispute Resolution). The parties are not obliged to take part in the scheme and are free to terminate the mediation by informing the Civil Appeals Office or CEDR at any time without giving any reason.  CEDR is responsible for nominating mediators, preparing a mediation agreement and liaising with the parties over mediation arrangements. The Court remains responsible for the composition of the Panel and for any adjustment to the fees payable. The Panel includes mediators from a varied range of disciplines including Commercial, Personal Injury, Insurance, Shipping, Employment, Intellectual Property, etc.  During the first year of its operation from May 2003, the scheme achieved a settlement rate at mediation of 68%.

Family mediations are administered and monitored by the Civil Appeals Office which will appoint a suitable mediator from mediation panels provided by the Law Society, the UK College of Mediators or the Solicitors' Family Law Association.

Following the recommendations in Professor Genn's recommendations in her paper, "Court based initiatives for non family civil disputes", a Lord/Lady Justice considering an application for permission to appeal is expressly required to consider whether the matter is suitable for mediation.  If so, the Head of the Civil Appeals Office, Master Gladwell, will send details of the case to CEDR, who will write directly to the parties seeking agreement to arrange a mediation hearing.  The full Court may also propose mediation where there are outstanding issues and a possibility of further litigation.

The current fee for a mediation under the scheme, covering CEDR Solve's administrative work and 4 hours preparation and up to 5 hours attendance by the mediator is £850 plus VAT per party, unless waived by the Court.  LSC funding is available where cases are within its scope.  Mediations can take place anywhere in England and Wales to suit the parties, and are almost always completed within 3 months of referral to CEDR, avoiding any need to stay the appeal.