07 Oct 2021
The UK Ministry of Justice (MoJ) has put out a call for evidence to inform the Government’s ADR policy development. Within this call is a particular interest in evidence on the introduction, efficacy, benefits and pitfalls of mandatory mediation.
To respond to this call for evidence, CIArb is collecting evidence on ‘mandatory’ mediation from all over the world. It is already clear that there is considerable diversity in what is meant by ‘mandatory' mediation. We are therefore looking for precise, clear evidence on what opt-in / opt-out schemes, incentives and sanctions have been trialled, or are being used in different jurisdictions, and what impact these processes or schemes have had; whether good, bad or ‘interesting’.
It is important to note that whilst every mediator and mediation provider has opinions about the extent to which parties should be encouraged, persuaded, or even forced to at least attempt mediation, the amount of real evidence on how this is being done is fairly slim. Evidence-based studies of the impact, not just in terms of party opinion surveys, but of hard data on take up, savings, settlement rates etc. seems to be even harder to come by. That is why we are calling on our members, and those interested in CIArb worldwide, to help build the evidence base – not just to inform this one call in the UK, but to help build a better evidence base across the world.
The scope includes the civil, family and administrative sectors; the criminal and religious sectors are excluded. However, if you have exciting/innovative information on these sectors that you believe is relevant to other sectors, please include this in your response.
Click here for the UK Ministry of Justice Call for Evidence Survey
18 May 2022
UK All-Party Parliamentary Group for ADR session – Mandatory MediationThe UK All-Party Parliamentary Group for Alternative Dispute Resolution (APPG for ADR) met on Tuesday 17 May in Portcullis House.
05 May 2022
CIArb holds first official event in PakistanCIArb held its first official event in Pakistan on 10 March 2021 at Jinnah Auditorium, City Court in association with Karachi Bar Association for a virtual audience.
28 Apr 2022
Promoting alternative dispute resolution in ScotlandThe Chartered Institute of Arbitrators is working in partnership with the Law Society of Scotland to help promote the use of arbitration and other forms of alternative dispute resolution.