CEDR publishes its Ninth Mediation Audit

Yesterday saw the launch of CEDR's Ninth Mediation Audit reporting on trends in the civil and commercial mediation sector since 2018. The report revealed that, 30 years on from the introduction of commercial mediation in the UK, the sector continues to show significant growth (38% from 2018) whilst settlement rates are maintained and true value is delivered to parties in saving the time, costs and fees of litigation. These figures really demonstrate the value of mediation to parties in dispute - CEDR estimates that £4.6billion will be saved this year by commercial mediation and, with 93% of cases settling on the day or shortly after, it continues to be a truly useful dispute resolution option for disputing parties.

There are interesting lessons in the report for users of mediation as well. The researchers asked mediators for the most common piece of advice that they'd like to give (or indeed did give) parties about how they could improve their own performances at mediation and this was: preparation, preparation, preparation! The importance of careful and thoughtful preparation by parties before mediation is always invaluable. In addition, a number of respondents were keen to remind parties that negotiation in a mediation is about persuasion - this quote encapsulates exactly what parties should bear in mind before mediation:

"You are trying to persuade the other side to say yes, not batter them down. No one likes to agree with someone who is punching them in the face.

Therefore, you do need to think beforehand and during the mediation about how you are going to encourage the other side to say yes and think from their perspective as to what they need, not yours."

The report also highlighted issues of lack of diversity in the profession and the difficulties of less experienced mediators getting appointed. These are tricky issues to address and will be ones that the Civil Mediation Council and providers like us will need to consider as we move forwards.

The full report can be read here.

If you would like free in-house training on how to get the best out of the mediation process - including tips on preparing for and negotiating at mediation - please do get in touch

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