Hesketh Mediation Services » News

Government launches mediation helpline

Philip Hesketh — Thu, 27 Aug 2009 14:41:01 +0000

The government has launched a new Family Mediation Helpline website. The Justice Department’s website promoting the launch says

Courts should be the last resort for people involved in family disputes. Mediation is an alternative to litigation and can be cheaper, quicker and less stressful. It is a voluntary process where a neutral third party helps both sides to agree on the outcome.

This of course echoes the civil procedure pre-action protocols which state that litigation should be a last resort. Can we now expect a similar website/helpline for people involved in other types of legal disputes to give them equal access to “cheaper, quicker and less stressful” methods of dispute resolution?

Mediation and Lord Justice Jackson's costs review

Philip Hesketh — Wed, 10 Jun 2009 06:24:24 +0000

You will be well aware of Lord Justice Jackson’s review and the recent publication of his interim report (update Jan 2010 – Lord Jackson’s final report is now available). Part 8 is headed Controlling the Costs of Litigation and has some discussion about alternative methods of dispute resolution, including of course mediation. After reviewing research and submissions made in Phase 1 he gave this “tentative opinion” :

6.33 Tentative opinion.
My own tentative opinion, based upon experience and upon the material gathered during Phase 1, is that in the context of business disputes the parties and their advisors are nowadays well aware what ADR has to offer. In the Commercial Court, the Mercantile Courts and the TCC parties can usually make sensible decisions about ADR without extensive input from the judge. If they want to mediate they will do so. If, on the other hand, they desire the decision of the court, then that is what they are entitled to receive, without being forced to incur fruitless mediation costs.
6.34 Away from business litigation, however, parties are less well informed about the benefits of ADR and there is a need for better information and education about ADR and its benefits. Even there, however, if reluctant parties are forced to mediate, the outcome may be wastage of costs rather than settlement.
6.35 I look forward to receiving comments on the above issues during the course of Phase 2. In particular:
(i) What more should be done to promote the use of ADR in the cases where one or both parties are individuals, rather than businesses?
(ii) Is the NMH a satisfactory substitute for the various court-based mediation schemes which it replaced?
(iii) In the experience of practitioners and court users are the present procedural rules and the present judicial approach to ADR leading to a (a) saving of costs or (b) wastage of costs?

Various mediation organisations with which I am involved are already preparing further input for Phase 2. You can access the whole of the interim report here and my brief review of the personal injury aspects at the Personal Injury Mediation Service.

Lord Chief Justice speech to Civil Mediation Council

Philip Hesketh — Mon, 08 Jun 2009 03:51:12 +0000

Lord Judge, the Lord Chief Justice

Last year Sir Anthony Clarke was the guest speaker at the Civil Mediation Council’s annual conference, this year it was the turn of the new Lord Chief Justice, Lord Judge. Lord Judge decided against entering the current debate about whether or not courts can or should have the power to compel mediation, in effect as part of the court’s own process. I have written previously about Sir Anthony Clarke’s and Lord Judge’s predecessor Lord Phillips’ views on this debate.

In his speech Lord Judge invited his audience of mediation converts to take a long term view about the current costs review being undertaken by Sir Rupert Jackson and any role mediation may have in the new costs landscape. He said

Can we just take a long term view? Every few years, or about every ten years, there is a great hullabaloo about the cost of civil litigation. Arbitration, after all, is a system of avoiding the court process. Do you remember when employment tribunals began? These were to be informal meetings at which the opposing parties would put their cases to a tribunal, almost a form of palm tree justice. Consider now how much more complicated and expensive the processes have become.

I do urge the Council to recognise this danger. The mediation process, could, unless danger is recognised and addressed, particularly if it is part of the court process, may eventually, and quite unintentionally, and by unforeseen accretion become increasingly formalised and procedural. It really must not eventually become just one more part of the expensive process that all of us are trying to avoid.

It is a valid and cogent warning but does rather over simplify the particular benefits a mediator can bring to disputing parties to one of just costs reduction. Of course his comments were made in the context of a very brief review of what Sir Rupert Jackson has had to say in his interim report but mediation is about so much more than reducing costs.

ADR Group website update

Philip Hesketh — Sun, 05 Apr 2009 15:15:02 +0000

The ADR Group is one of the leading mediation training providers. It also provides mediators and has revised it’s website to provide search facilities so that you can easily navigate it’s panel of mediators. I am on the panel and can, if you prefer, be instructed directly through the ADR Group by following the link on the Philip Hesketh mediator profile on their site.

Standing Conference of Mediation Advocates

Philip Hesketh — Sun, 29 Mar 2009 12:51:46 +0000

The Standing Conference of Mediation Advocates is a member trade association offering external and in-house certified accredited training in mediation advocacy and awareness, a programme of activities, a resource bank of law and other materials for practitioners and academics, advice on best practice, discounted books, professional and academic debate on developments in the field, and the active marketing and promotion of members’ practices as accredited mediation advocates.

Corporate, Full and Associate individual practitioner, academic and student membership are available.

For further details, to register your interest or join online visit the link to www.mediationadvocates.org.uk or contact Andrew Goodman on 020 7092 2924, DX LDE 364, or by e-mail to agoodman@1chancerylane.com

Mainly good news on court fees

Philip Hesketh — Tue, 24 Feb 2009 22:18:35 +0000

The MoJ has published a consultation paper on proposed changes to civil court fees. The purported aim is to raise fee income by £21 million to bring it in line with a full-cost level. There are no proposed increases to issue, allocation or listing fees.

The bulk of the increases will fall on enforcement proceedings. The proposal explains this as follows:-

” In the context of enforcement, it is particularly important to charge the true cost of the particular process. Charging the true cost enables creditors to weigh the appropriateness of taking enforcement action against a possibly vulnerable debtor, and the realistic likelihood of recovering their money.

5. Equally, where enforcement is successful and the court fee is added to the amount enforced, this ensures that debtors, who can pay, face the full cost of their default. “

Anybody concerned about the proposals can reply to the consultation on the link above.