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CEDR points out that :-
"The power of mediation can be witnessed by its success - despite the fact that most
negotiations which come to mediation are in total deadlock, CEDR achieves a settlement in
around 80 per cent of cases. In those that do not settle, mediation is still seen as successful as
it helps to reduce the issues in conflict thereby paving the way for renewed negotiations.
Mediation has a proven track record in a number of business sectors. It has also proved
successful in family mediation."
There has been similar success in the pilot scheme for family mediation in Hong
Kong, as mentioned in the Interim Report.
On 12 April 2002, the Hong Kong
Polytechnic University, commissioned by the Judiciary to evaluate that scheme,
published its Interim Report.
Of 458 cases where mediation was completed (the
cases, requiring the parties' consent and having first been assessed for suitability for
mediation) in the period between May 2000 and November 2001, 71.4% reached full
agreement and another 8.5% partial agreement. On average, it took 10.18 hours to
reach a full, 14.35 hours to reach a partial, and 6.3 hours to reach no agreement.
Almost 80% of the respondents stated that they were "satisfied" or "very much
satisfied" with the mediation service received.
Approval was given in January 2002 by the Chief Justice for a further pilot scheme to
be commenced for the use of new ancillary relief procedures with judicial mediation
as an important feature.
Notes
Karl Mackie Chief Executive, CEDR and Eileen Carroll Deputy Chief Executive, CEDR, Regulation
or positive promotion How to foster the art of mediation, March 2003, at www.cedr.co.uk.
At §666 and §670. See Practice Direction 15.10.
The scheme is based on the pilot propounded by the Ancillary Relief Working Party chaired by Lord
Justice Thorpe in the UK. It involves the judge who case manages the case holding a financial
dispute resolution ("FDR") hearing to explore settlement with the parties, with some other judge
hearing the substantive application if the FDR hearing proves fruitless.
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