ADR Mediation: Reaction to Govt. Dispute Resolution Proposals

26 July 2022 alastair walker Legal 0

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Some reaction to the recent announcement on compulsory mediation on claims and disputes under £10,000.

Matthew Maxwell Scott, executive director of ACSO, commented:

“We’ve long argued that every model of dispute resolution needs to be explored if we’re to bring down claims settlement times, deal with the massive backlogs in the civil courts and improve access to justice.

“Recent ADR pilots ACSO’s members led on proved to be a successful means of dealing with Stage 3 claims in the MOJ Claims Portal, and we see no reason why this cannot be extended to defended small claims in the County Court. Crucial to success is encouraging co-operation between different sides, and that’s something ministers can help bring about.

“The opportunity to go to court should not be closed off altogether, but if mediation and other forms of dispute resolution are handled by properly qualified professionals, we should see consumers discover that they can get the outcomes they want, but much faster. To stimulate this, the government needs to do what it demonstrably failed to do when it launched its whiplash reforms, and bring the public with them by clearly setting out the benefits of what it proposes.

“New ways of doing things and new technologies can help bring the civil justice system into the 21st century and mean people’s rights exist in practice, not just in theory.”

Stewart Mculloch, managing director of Claimspace said:

Commenting on the MoJ’s consultation: ‘Increasing the use of mediation in the civil justice system,’ Stewart McCulloch, MD of digital ADR provider Claimspace, said:

“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.”

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