Some reaction to the recent announcement on compulsory mediation on claims and disputes under £10,000.
“We warmly welcome the MoJ consultation on increasing the use of mediation in the civil justice system. The proposal to introduce and make available, compulsory mediation in small claims cases is a great start towards the ideal of making all forms of ADR (alternative dispute resolution) in all types of case, an integral part of the Justice system.
“By freeing up judicial time, the proposed system will undoubtedly bring about a reduction in the long wait for a small claims trial for those cases that cannot be resolved through mediation – currently in excess of 51 weeks.
“We will work with the MoJ on regulation, noting that most ADR professionals are already the subject extensive regulation in their own fields. We caution that additional over regulation in the sector has the potential to make ADR less accessible.”
Commenting on the MoJ consultation on using mediation for minor claims, published today, Matt Currie, Chief Legal Officer at Minster Law, said:
“We welcome the MoJ consultation on the increased use of mediation in the civil justice system and as an early innovator of using ADR in PI claims we at Minster Law look forward to contributing by sharing the lessons we have learnt and help the government shape the proposal into one which both adds value to consumers and in turn reduces the current burden on the court system.
It is important to ensure that all parties – defendant and claimant sides – understand and buy into the DNA of ADR in its various forms and are encouraged to work in harmony to find common ground rather than seeking out areas of friction.
We also believe that the courts involvement will still be needed to act as a central calibration point on some key issues in personal injury and in turn that decisions taken in mediation are fed back to the wider industry so as to help create a virtuous circle.”