The Court of Appeal's mediation scheme
The Court of Appeal's mediation scheme for non-family work is administered by CEDR Solve The Centre for Effective Dispute Resolution.
CEDR is responsible for:
- nominating mediators,
- preparing a mediation agreement
- liaising with the parties over mediation arrangements.
The Court remains responsible for the composition of the Panel and for any adjustment to the fees payable.
The Panel includes mediators from a varied range of disciplines including Commercial, Personal Injury, Insurance, Shipping, Employment, Intellectual Property, etc. During the first year of its operation from May 2003, the scheme achieved a settlement rate at mediation of 68%.
Parties are not obliged to take part in the scheme and are free to terminate the mediation by informing the Civil Appeals Office or CEDR at any time without giving any reason.
Family mediations are administered and monitored by the Civil Appeals Office which will appoint a suitable mediator from mediation panels provided by the Law Society, the UK College of Mediators or the Solicitors' Family Law Association.
A Lord/Lady Justice considering an application for permission to appeal is expressly required to consider whether the matter is suitable for mediation
If so, the Head of the Civil Appeals Office, will send details of the case to CEDR, who will write directly to the parties seeking agreement to arrange a mediation hearing The full Court may also propose mediation where there are outstanding issues and a possibility of further litigation
The current fee for a mediation, unless waived by the court, is £850 plus VAT per party.
- covering CEDR Solve's administrative work
- 4 hours preparation
- up to 5 hours attendance by the mediator
LSC funding is available where cases are within its scope.
Mediations can take place anywhere in England and Wales to suit the parties, and are almost always completed within 3 months of referral to CEDR, avoiding any need to stay the appeal.