b'| CULT URE | Mediation MEDIATION FACTS / JUDGEMENT VERSUS AGREEMENT featured The civil justice system is creaking under the pressuremediatorof increased claims and slow resolutions, and only a very small proportion of claims actually end up being heard by a court. Lizzie HaynesCOURT JUDGEMENTS: MEDIATED AGREEMENT: In January to March 2019, County Court The overall success rate of mediation claims increased slightly by 1% to 538,000. Ofremains high with an aggregate settlementAfter 21 years as these, 435,000 were specified money claims. rate of 89% (86% in 2016).a dental hygienistThere were 75,100 claims defended and In the first or four 16,000 claims that went to trial in January to The proportion of cases that achievein the NHS and settlement on the day of mediation is 74% instalments looking at March 2019 (up 8%).and 15% settle shortly afterwards.private practice,The mean time taken from claim to hearingLizzie changed business and personal has increased: for small claims to get to trial 12,000 commercial mediations (excludingdirection and studied law at the negotiations, we discusswas 36.9 weeks and multi/fast track claimssmall claims mediations) were performedOpen University, becoming a took 58.5 weeks, both up when comparedin 12 months covering 2017 / 2018, an how issues can to the same period in 2018.increase of 20% on 2016. non-practising barrister and an accredited mediator in 2007. She be resolved without Source: Ministry of Justice Civil Justice StatisticsSource: Centre for Effective Dispute Resolutionhas been mediating ever since resorting to expensive Quarterly, England and Wales, January to March 2019(CEDR) Biennial Mediation Audit 2018 and leads on family mediation for and risky litigation. (provisional)Published 6 June 201 (www.cedr.com) Collaborative Solutions. Renowned for her calm, professional manner and her They took time to understand eachwarmth, she has an impressive participants position, and to exploretrack record helping families get possible areas of potential agreementto the heart of the matter and between them. It was clear that therefind solutions to all areas of family was limited room for movement by theconflict, including finances, property agency, but the mediators were ableand child arrangements, co-habiting to rebuild the lines of communicationcouples, civil partnerships and between them and Julian.Grandparents rights. The outcome that suited bothShe is a long-standing faculty sides was a deferred instalmentmember of the London School of arrangement so that the agency gotMediation, and still finds time toJohn Webb,paid and the financial pressure onplay tennis, sail and ski, and has Property Chartered Institute of ArbitratorsFees Dispute Julian was minimised. They figurativelycompleted cycling challenges across shook hands (it was an onlineMongolia and Mexico for MacMillan presented with a bill from the estatemediation) and parted as friends.Cancer Support. Lizzie loves theatre agency, who explained that he hadThis case demonstrates thatand galleries, and lives in Central signed up to pay them, sale or no sale.mediation can help to restore aLondon with her miniature wire-Conversations between Julian andrelationship between two partieshaired dachshund Ace.the agents became fractious and debtin conflict and can de-stress a recovery proceedings were looming,confrontational situation. Mediation but eventually they agreed to take theoutcomes are rarely 100% of whatCOLLABORATIVE matter to mediation with Collaborativeeither wants when they start theSOLUTIONS Solutions. process, but in the overwhelming55/57 Temple Chambers In the mediation the first task wasmajority of cases both sides walk away3-7 Temple Avenue to reduce the tensions between thefeeling satisfied with the outcome.EC4Y 0HPparticipants. The mediator explainedAs former US President Jimmy Cartert: 0207 129 1068WHAT IS MEDIATION?their impartiality, and that the processonce said, No agreement lasts unlesse: reception@csmediation.co.ukis not about who is right or wrong.both sides feel they have won.w: collaborativesolutions.co.ukDo you have a dispute you would like to settleIts about the conversation. 0 2 0 7 1 2 9 1 0 6 8without going to court or to tribunal?Collaborative Solutions can help you resolve your dispute throughCollaborative Solutions - accredited mediationmediation. Its voluntary, confidential and about finding a solution that works for everyone at a fraction of the cost of court or tribunal. 55/57 Temple Chambers, 3-7 Temple Avenue, London EC4Y 0HP | www.collaborativesolutions.co.uk'