(A)DR - a year in review.

At the start of 2021 I wrote a blog wondering whether this would be the year where mediation became less alternative and more automatic. As the year draws to a close it's time to reflect on the past 12 months.

I’m glad to report that things have not stood still. In May we had the publication of CEDR’s Ninth Mediation Audit which revealed the continued growth of the mediation market and the demonstrable value that mediation brings to parties in dispute. This was followed shortly after by the Master of the Rolls, Sir Geoffrey Vos, speaking at London International Disputes Week of his intention to bring ADR into a new digitalised civil justice system. Further encouragement came in the publication of the Civil Justice Council’s report on compulsory ADR and the growing trend to drop the A out of (A)DR.

Since the publication of the report the Ministry of Justice (MoJ) has issued a call for evidence on the utility of (A)DR. IPOS and the Civil Mediation Council, where IPOS is a director, published their own responses to the call. We await the outcome of that project – we know that change within the MoJ doesn’t happen quickly, especially when the vision of the Master of the Rolls is so all-encompassing. However we are encouraged to learn that there is now a specific Dispute Resolution Unit at the MoJ. It is also good to see that mediation is getting better press coverage, including this article in the Law Society Gazette.

My attention has recently been drawn to a recent order made in the Commercial Court which is arguably evidence of the courts taking a more directive approach to mediation.  Is this a direct result of the CJC's conclusions in its Report mentioned above?  We will have to wait to see whether this type of order becomes more commonplace. Do let me know if you are aware of any similar orders.

What about developments at IPOS in 2021? Little did we realise at the beginning of this year that remote mediation would represent over 50% of our cases. However, cases are still growing and our mediators continue to be recognised for their expertise by Who’s Who Legal, the Legal 500 and Chambers & Partners. We have also continued to run free training sessions and webinars for our clients, which remain popular*.

So what for 2022? It is hoped that next year we will see the first articulation of the MR’s vision and how mediation is to be built into the civil justice system. Whether this means a compulsion to mediate or perhaps, as the CMC recommends, an automatic referral to mediation we wait to see. However, to my mind, the past year has really moved the debate around ADR on. It now feels that it might not be if but when ADR becomes an equal partner to court as a means of resolving disputes.

In the meantime, from all of us here at IPOS Mediation we wish you all a very Happy Christmas. Thank you for your continued support and we look forward to working with you in 2022.

* If you would like to build a free training session or webinar into your internal or client-facing training schedules do get in touch