The pilot Mediation Court Scheme is now successfully up and running at Exeter and Barnstaple County Court.
To date the scheme has a 100% success rate with each of the cases mediated having settled to the satisfaction of the parties. This has ultimately saved further court time and resulted in an agreed settlement for each case that the parties have had the opportunity to explore and decide without a Judge making a ruling in one parties’ favour.
Process
The Judges at Exeter and Barnstaple County Courts are now ordering, in suitable cases, that the parties should attempt mediation and it is an opt-out rather than an opt-in process. The mediation is arranged by Devon & Somerset Law Society and one of their panel members will act as the mediator for the case.
The Small Claims Scheme involves a specialised form of mediation as the mediations are short and extremely effective. The mediators are skilled in dealing with time restricted mediations and are trained to be very effective with time management during the process. The mediation itself is scheduled for 1 hour meaning the mediator must cut through the information and emotions to get to the crux of the case and concentrate on the pertinent issues in the hope to come to a resolution.
Local practitioners within Exeter and Barnstaple will find their clients are being asked to participate in mediation and indeed, if so ordered by the court, will have to respond and explain why they will not attend a mediation before the Judge will make a further order for the case to progress through the court system.
The Judiciary at Exeter and Barnstaple will attempt to guide many cases through mediation and therefore it is vital that all local practitioners understand the process and support their client through the mediation in the hope to settle the case in the most expeditious and cost effective manner. Even if a case does not settle at a mediation the process will be advantageous to the parties as it will explore the main issues and the stance and motivation of each party is likely to be exposed and therefore may shorten any subsequent hearing.
The previous Small Claims Mediation Scheme at Exeter Court in 2002 was extremely successful and achieved settlement rates in excess of 75% and 60% for the Small Claims Scheme. It is clear from the results to date that the current pilot scheme will be just as successful and therefore it is hoped that Court mediation is back to stay.
Kim McDonald
Member, Mediation Sub-Committee