 |  |
|
 |
 |
 |
 |
|  | |  | |
To take one example from the United Kingdom, The Centre for Effective Dispute
Resolution reported that in 2002/2003, some 516 commercial cases were mediated (an
overall 22% increase over 2001/2002)
with a settlement rate of 78%,
the major
proportion of such cases settling on the day of the mediation, and with 95% of all
cases conducted in one day (388 cases). As to subject-matter, the five largest
categories of dispute were sale/supply of goods (18%), finance (15%), professional
negligence (15%), construction and engineering (9%) and property (9%). The value
of the disputes was reported to have remained the same as for the previous year in
which 26% of case values were in excess of £1 million, with the others evenly split
across a median value of £150,000. The 22% growth in mediation cases involved
values ranging from £50,000 to £1 million.
The success and cost-effectiveness of such mediation schemes has led to strong
government support in the UK. In March 2001, the Lord Chancellor's Department
announced that all government departments would seek to avoid litigation by using
mediation and other neutral-assisted dispute resolution procedures. Subsequently,
local authorities were told that they too were expected to consider using mediation
where appropriate.
Acceptance of the value of such schemes can also be seen in a string of judicial
decisions discussed below. Lightman J described the current position in England and
Wales in the following terms :-
"Mediation is not in law compulsory, ...... (but) alternative dispute resolution is at the heart of
today's civil justice system, and any unjustified failure to give proper attention to the
opportunities afforded by mediation, and in particular in any case where mediation affords a
realistic prospect of resolution of dispute, there must be anticipated as a real possibility that
adverse consequences may be attracted."
Notes
Some mediations being judicially directed or derived from court-based schemes and others being
purely voluntary.
About the same settlement rate for court-annexed mediation was reported for Singapore: see Interim
Report at §671. Other schemes report similar rates of success.
CEDR Solve commercial mediation statistics 2002/3 (May 2003) at www.cedr.co.uk.
Eileen Caroll, Deputy Chief Executive of CEDR, Advances in effective dispute resolution (February
2003) at www.cedr.co.uk.
Hurst v Leeming [2003] 1 Lloyd's Rep 379 at 380.
|
 |
|