Press release
Civil Justice Council research shows mediation works in small claims cases
June 2004
Preliminary research into the small claims mediation scheme at Exeter County Court reveals that a high proportion of small claims referred to mediation settle. The first ever research into a small claims mediation scheme in the UK also revealed increased satisfaction for parties and maximised efficiency in the use of judicial resources.
The study by Dr Sue Prince of the University of Exeter demonstrated that the scheme has saved 318 hours of judicial time, allowing judges to focus on other aspects of their work. The research showed that 58% of cases settled at mediation, and that it was likely the mediation process influenced other cases to settle at a later point. Parties involved in the mediation generally felt that it was a useful process and liked the fact that it was informal, saved time and achieved a result.
The research, carried out on behalf of the Civil Justice Council, involved an analysis of case files, observations of mediations and interviews with those who are closely involved with the mediation process; parties attending mediation hearings, mediators, the Mediation Clerk and District Judges.
Lord Phillips, Master of the Rolls and Chair of the Civil Justice Council said:
“I welcome this research as the first analysis of a small claims court-annexed mediation scheme, and I am delighted that the Civil Justice Council has been at the forefront of this important study. This report confirms that these schemes represent the way forward in reducing the number of disputes which are resolved by resort to the courts, and makes it clear that ADR should have a prominent place in the civil litigation landscape.”
Chair of the Civil Justice Council's ADR Committee, Professor Martin Partington said:
“This report demonstrates the success of an innovative scheme promoted by the judges in Exeter. Other courts will now consider whether they should develop such schemes. It will help the Department of Constitutional Affairs as they shape their new “user-focused” policies for the delivery of adjudication services.”