Court Mediation and other schemes

Question 1

Her Majesty’s Courts and Tribunal Services (HMCTS) Small Claims Mediation Scheme

Answer 1

• The court will refer small claims parties (except RTA, PI or housing)
• Mediator is not a member of the judiciary
• Private telephone discussions, typically one hour
• If unsuccessful, a hearing date is arranged
• If claim is settled, proceedings will automatically be stayed

Question 2

Court of Appeal Mediation Scheme (CAMS)

Answer 2

• Scheme is completely voluntary
• Court will recommend and notify the parties, or the parties can volunteer
• If parties agree, mediatory will be appointed
• Parties will find and pay for venue
• Date and fees will e agreed
• Preparation is as for mediation (although no witnesses are usually called)
• Mediator is facilitative. Parties can ask for mediator’s opinion
• Parties agree not to make any claim against the mediator
• Completed within 3 months
• Settlement agreement can be recorded or kept confidential

Question 3

Court of Appeal Mediation Pilot Scheme

Answer 3

Applies to all PI, clinical negligence and contract claims:

• for judgement of maximum £250,000 (incl. interest but not costs), or
• where appeal was against the dismissal of a claim of not more than £250,000

Automatic referral scheme

Question 4

THE CIVIL MEDIATION ONLINE DIRECTORY

Answer 4

• The parties can find an ADR provider for a time-limited, low-cost, fixed-fee mediation
• Fee depends on the value of the claim

Question 5

JUDICIAL MEDIATION SCHEMES

Answer 5

• Technology & Construction, family, and employment cases
• The judge conducts the mediation
• Seems to contradict neutrality and impartiality principles
• But judge’s experience is invaluable, and may save costs

Question 6

MEDIATING MULTI-PARTY DISPUTES

Answer 6

• With large number of Cs or Ds
• Where there are limited parties to the main dispute, but a large number of additional parties
• Usually a team of mediators
• Division into sub-groups