Sources of Advice

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 dispute", 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.

Where a recommendation for ADR is given at an oral hearing it would be helpful if the appropriate Case Lawyer could be informed as soon as possible so that the recommendation can be taken forward by the relevant Case Management Group under the supervision of the Case Lawyer.