Changes are afoot in the legal system. The Government’s review into the workings of the county court, including raising the limits of small claims, and the possibility of making mediation compulsory will affect all those with claims ranging from a trip or fall, to road accidents, unpaid debts and neighbour disputes where another party could be at fault.
Currently, the small claims court can deal with cases up to £5,000 but Peter Whitman, from Blackburn-based North West Mediation Solutions (NWMS), understands that the suggestion is to raise the threshold to £15,000, which, with compulsory mediation may result in many solicitors being put off taking on cases, advising people to deal with the case themselves, and potentially lead to some claims never being heard.
This is where using a mediator could become the norm in dealing with disputes, as a neutral third party, not to advise the parties on law, but to assist them to reach an agreement and bring the dispute to a conclusion. It is now Government policy, through the courts, to encourage all court users to consider mediation before going down the litigation route. The Government also suggests to its Departments to do so also. Courts in England and Wales can, and do suggest mediation as a way of solving disputes.
NWMS has seen an increase in enquiries of 14 per cent, and an increase of 11 per cent in the number of mediations carried out over the last 12 months. Nationally, those mediation providers who reported back to the Civil Mediation Council in 2009 and 2010 reported an increase in mediations of 49.8 per cent. Mr Whitman said: “Although it is not yet compulsory, mediation is becoming a popular way of resolving problems instead of taking the more complex and time consuming route of taking your claim to court.”
“Raising the threshold could lead more claims being resolved by mediation. There are many advantages to mediation including its speed of arrangement, privacy, and confidentiality; you, the parties, can decide the outcome of your dispute; it is flexible and can suit your needs and rarely is it necessary enforce an agreement. No-one enjoys having to claim against another party and the stress of a court appearance could prove even more costly. Another reason why mediation is proving to be a popular alternative”.
