mediation explained

Mediation is a recent and increasingly important development in the field of personal injury practice. The CEDR scheme has developed in conjunction with professionals in the personal injury arena including leading solicitors, lawyers and insurers. It provides a low cost high quality streamline service using a panel of experienced mediators for cases in which the amount claimed is less than £300,000

CEDR report a substantial increase in the number of personal injury compensation claims being brought to mediation in the last few years. In 2002 CEDR mediated only 17 personal injury cases. This number doubled in 2003 and has grown again in 2004 and 2005.

The leading case of Halsey v Milton Keynes General NHS Trust indicated that the Court would not penalise a successful party that had refused to mediate but power to do so was confirmed as depending on the facts of each case. The Judgment confirmed the Court's power to recommend mediation robustly and that parties face increased risk of cost sanctions if they do not act on a Judge's recommendation to use mediation.

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