The new Cerise Book. The vade mecum on mediation.
Sir Rupert Jackson’s proposals relating to mediation in his final report on civil litigation costs can be summed up easily. He recommended:
- 1. All judges and litigation lawyers should be properly informed about the benefits of mediation and the public and small businesses be “alerted” to these benefits.
- 2. Somebody – but not anyone with a commercial interest in mediation, so that rules me out – writes a handbook about ADR and puts in details of reputable providers of mediation.
No changes to the rules are necessary to bring this about. I have been twittering today about one difficulty I have with his view that “Most lawyers and judges already make strenuous efforts to commend mediation” (see page 262 para 4.3). Is that really the case? I doubt it frankly. I don’t know as there is no research on it but I would say it is the minority that make these strenuous efforts. If he is right then it shouldn’t be too difficult to carry out his first recommendation. I think there is still a lot of scepticism about mediation and, I think, understandable reluctance by litigators to be told how to do their job.
I agree a handbook on mediation for judges and practitioners alike would be beneficial but I am concerned about the proposal for it to include “reputable providers”. Obviously I’d expect Hesketh Mediation to be in that list but how would I, or any other mediator, ensure their inclusion. How would a new mediator or provider get any work for their first year at least when they are not in the current issue? Would practitioners be fastidious in keeping up to date with the latest edition?
Judges and practitioners already have Green Book and the White Book, instead of adding to the library (I’d go for a Cerise Book if pressed) why not stick the information in there? We can deal with the “reputable” imprimatur some other way, but that’s for another post.
What do you think? Are most lawyers making strenuous efforts to commend mediation? How should we “alert” the public to the benefits of mediation?
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