This service applies to two party claims brought before the County Court with an aggregate value of up to £100,000. [Some matters may not be suitable e.g. due to the subject matter, complexity and the applicable scheme time limits].
Unless a judge directs otherwise, the parties in such cases will be notified by the Court that the use of the Scheme should be seriously considered.
Mediation under this service is voluntary but parties may be required to justify to the Court their decision not to attempt mediation at subsequent court hearings.
The appointed mediator will bring the parties together to try to reach a settlement. If there is a settlement, the case will not go back to the Court. Following the mediation, CEDR will contact the parties in order to obtain feedback on the process and will also correspond with the Court throughout as appropriate.
Mediations under this service are time-limited to 3-hours and take place online during weekdays
CEDR is authorised to administer a conciliation scheme (for claims up to £10,000 inclusive of VAT) for Beford, Luton and Milton Keynes County Courts.
CEDR will acknowledge receipt of a new application for conciliation within 5 working days.
The process begins on the date of the acknowledgment of a valid application from the customer. At the same time the customer’s application form will be forwarded to the company along with a Response Form which they are required to complete and return to CEDR within 10 working days.
Following receipt of the Response Form from the company a copy will be sent to the customer and CEDR will confirm the identity of the Conciliator within 5 working days.
All the documents relating to the case that have been provided by the parties will be provided to the Conciliator who will endeavour to conclude the Conciliation within 30 working days of their appointment.
The Conciliator will speak to the parties by telephone, Teams/Zoom or communicate via email with the parties, either together or individually, to request further information or to explore possible solutions.
If the parties do not reach a solution between themselves after discussions with the Conciliator, then they will suggest to the parties recommendations for settlement in writing
If a solution is found or is accepted by the parties as proposed by the Conciliator, then the Conciliator will record that solution in writing and send it to the parties (via CEDR) in the form of an Outcome Statement (the Statement), for signature via an online portal. The parties must sign the Statement within 10 working days of the date on which the Statement is provided. Any amendment to the Statement at this stage, other than for minor clerical errors, will be regarded as notifying a failure to agree.
If the Statement is signed by both parties within the timescale, CEDR will advise the parties accordingly and transmit a copy to both parties. At this point the agreement becomes a binding contract and the parties must then take action to comply with the agreed outcome.
No terms of settlement reached will be legally binding unless or until set out in writing in the Statement and signed by or on behalf of each of the Parties.
If either party chooses not to sign the Statement within 10 working days, it will have no effect on either party and CEDR will confirm the Conciliation has ended without resolution.
The date on which the Conciliation will be deemed to be concluded is the date of the letter from CEDR which confirms the process has ended.
CEDR will charge each party a fixed fee, being £200 + VAT (£240). (Case fee being £400 plus VAT).
Upon receipt of fully completed application form CEDR will:
- Appoint a mediator from the Panel. Selection will be made on a rota basis with mediators selected subject to consideration of the case summary provided by the Parties and the expertise details we hold for the Panel Members.
- CEDR will email all parties confirming:
- The date of the mediation
- Venue (online typically using Zoom)
- The name of the mediator appointed (with a copy of their CV)
- We will provide the parties and the mediator with all the necessary administrative assistance to set up the mediation.
- Following the mediation, CEDR will contact the parties in order to obtain feedback on the process and will also correspond with the Court throughout as appropriate.
The cost of a mediation under the scheme is £540.00 (£450+VAT) per party.
This fee covers:
- Up to three hours of mediation time
- Mediator preparation and expenses
- Online venue costs
- CEDR's administrative costs
- Additional mediation time is charged at hourly rate of £150 per party
Each party must pay the fee in advance, prior to the mediator being appointed and the mediation date confirmed.
CEDR has developed a specialist mediator panel for this service.
CEDR ensures that the Panel has sufficient numbers of accredited mediators with expertise that is relevant to the different types of claims that are referred for mediation. CEDR also reports on the operation of the scheme to the Court on a regular basis.