High Court Appeals Mediation Scheme

CEDR is authorised by the Ministry of Justice to administer the High Court Appeals Mediation Scheme.

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About the High Court Appeals Mediation Scheme

This scheme supports appeals from the County Court to the High Court's King's Bench and Chancery Divisions where permission to appeal has been granted or adjourned.

Unless a judge directs otherwise, the Court automatically refers case papers to CEDR to appoint a mediator. Both parties receive notification and are asked whether they wish to proceed with mediation. While mediation remains voluntary, parties who decline may need to justify their decision at subsequent court hearings and could face cost consequences.

The appointed mediator works with both parties to explore settlement options. If agreement is reached, the case won't return to the High Court. See 'How to Use this Service' below for full details on the process.

Cost

Below are the standard fees payable per party under the High Court Appeals Mediation Scheme.

Claim Value Online - Per Party In-Person - Per Party

Up to £100,000

£500 + VAT £600 + VAT
£100,000+ £1,000 + VAT £1,200 + VAT

Preparation & Duration

The preparation time and mediation duration are based on the complexity of our case and are proportionate to your claim value:

  • Claims up to £100,000
    2 hours preparation + 5 hours mediation
  • Claims above £100,000
    2 hours preparation + 7 hours mediation

Additional Costs

  • If the parties agree to continue with the mediation process for more than the allotted time, this additional mediation time is invoiced after the mediation at the rate set out above.
  • Where the mediator incurs travelling expenses in order to attend the mediation, these will be charged in addition to the standard fee up to a maximum of £250.00, unless otherwise agreed.
  • The cost of a venue is not included in the fee and the parties are responsible for identifying and paying for somewhere suitable.

The fee is payable in advance of the mediation, as soon as all parties have agreed the identity of the mediator and the date of the mediation, and should be paid to CEDR, who will issue a VAT invoice to each party for the sum due.

If the fees are not paid by the due date, CEDR will vacate the mediation and release the date from the mediator’s diary.

The Process:

1

Confirmation & Scheduling

We'll write to all parties to confirm your agreement to mediate and the scheduled mediation date.

2

Mediator Appointment

Once everyone confirms, we'll appoint a mediator from our specialist panel. We carefully match mediators based on the case summary, their expertise, availability, and your geographical locations.

3

Mediator Introduction

You'll receive confirmation of your appointed mediator along with their profile, so you know who'll be supporting your mediation.

4

Mediation Setup

We'll handle all the administrative arrangements with you and your mediator to ensure everything runs smoothly on the day.

5

Feedback & Court Reporting

After your mediation, we'll gather your feedback on the process and keep the Court updated as appropriate.

FAQs

Mediators

Mediators for this service are from CEDR’s panel of highly qualified mediators and is managed by CEDR.

Cancellation

In the event that the mediation is postponed or cancelled the following fees apply.

Date of Cancellation Fee Payable
11 working days or more before the mediation No fee
Less than 10 working days but more than 4 working days before the mediation 25% of the fee + VAT per party
Less than 4 working days but more than 48 hours before the mediation 50% of the fee + VAT per party
Less than 48 hours before the mediation Full fee

If a fee has already been paid before cancellation of the mediation, CEDR will refund the balance of any fee paid after making the appropriate deduction as set out above.

The mediator may ask CEDR to recover reasonable expenses for travel to the mediation venue equally from the parties.

Choosing not to Mediate

Use of the scheme is on a voluntary basis. Parties have 7 days from the date of referral to confirm their decision to mediate. In the event that parties choose not to mediate or do not respond to CEDR, CEDR will inform the Court and the appeal will proceed in the normal way.