Court of Appeal Mediation
CEDR is authorised by the Ministry of Justice to administer the Court of Appeal Pilot Mediation Scheme.
The Pilot applies to eligible cases for which permission to appeal is sought and obtained (or adjourned) via the Court of Appeal.
Eligible cases are:
- All contractual claims up to a value of £500,000
- All Personal Injury claims and Clinical Negligence claims
- All Inheritance disputes
- All Boundary disputes
Unless a judge exceptionally directs otherwise, the parties in such cases will be notified by the Court that case papers have been automatically referred to CEDR for the appointment of a mediator. Mediation under the pilot is voluntary but parties may be required to justify to the Court of Appeal 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 of Appeal.
Upon receipt of written notification from the Court of Appeal that a case is being referred for mediation under the Pilot 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 Court and the expertise details we hold for the Panel Members. The geographical location of the parties will also be taken into consideration.
- CEDR will write to all parties confirming which mediator has been appointed, provide a copy of their profile and details of their availability. If the parties are ready to mediate we will make the arrangements in consultation with the mediator as appropriate.
- If the parties request it, the mediator can contact them directly for an initial conversation during which they will discuss the mediation process before a decision to proceed or otherwise is made.
- The mediator will spend up to a maximum of 30 minutes conducting these initial conversations with each party. The mediator will do this free of charge.
- Following the discussions between the mediator and the parties CEDR will again ask the parties to confirm whether they agree to mediate and if they do a date will be fixed.
- 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 of Appeal throughout as appropriate.
- If one or both parties decide not to mediate CEDR will refer the case back to the Court of Appeal and will communicate the parties reasoning for the Courts information.
The fees payable by the parties under the Court of Appeal Mediation Scheme will be as set out in this Schedule.
The standard fee per party for a Court of Appeal Mediation is £950 plus VAT where the judgment or claim value is less than £1 million and £1900 plus VAT where the claim or judgment value is higher than £1 million. This includes CEDR's costs of administering and setting up the mediation, and also the mediator's fee. 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. CEDR will be responsible for paying the mediator's fee.
The full fee is payable if the mediation takes place or if the mediation is cancelled within 24 hours of the start time of the mediation. Reduced fees per party will be payable if the mediation is cancelled after the fee becomes payable but before the mediation, in accordance with the following scale:
- Less than 28 days but more than 14 days before the mediation date - £125 plus VAT per party
- Less than 14 days but more than 7 days before the mediation - £400 plus VAT per party
- Less than 7 days but more than 24 hours before the mediation - £600 plus VAT per party
- Less than 24 hours before the mediation - Full fee i.e. £950 or £1900 plus VAT per party
CEDR will issue a refund for the balance if the fee has already been paid prior to notice of cancellation being given.
Additional fees in appeals involving a heavy mediation workload
In appeals with exceptionally high amounts at stake or of exceptional complexity, CEDR is authorised by the Court to indicate that such a mediation is more appropriately dealt with on commercial terms through external providers, the Court of Appeal Mediation Scheme being aimed particularly at those who might otherwise find it difficult to gain access to mediation services. Alternatively a fee acceptable to both CEDR and the mediator, and which requires approval by the Court, may be negotiated for the case to continue under the Court of Appeal Mediation Scheme if preferred by the parties.
- This fee covers 9-hours of the mediator's time with 4-hours allocated to preparation and 5-hours to mediation.
- If the parties agreed to continue with the mediation process for more than 5-hours this additional mediation time would invoiced after the mediation at the rate of £125.00+VAT per hour, per party.
- Mediator expenses are only charged in exceptional circumstances and only if the parties agree in advance.
- The cost of a venue is not included in the fee and the parties are responsible for identifying and paying for a suitable venue.
Panel and Scheme Management
The mediator panel consists of mediators from many different mediator providers (not just CEDR) and is managed by CEDR's Director of Dispute Resolution Servcies John Munton. John 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. He also reports on the operation of the Pilot to the Court of Appeal Mediation Working Group, chaired by a Lord Justice.
- Court of Appeal awards CEDR management of new Mediation Pilot
- Importance of using mediation underlined by Court of Appeal
- Tony Allen - London/South East
- Christopher Butterworth - Yorkshire/Humber
- Ronald Bradbeer - North East
- John Bryne - East of England
- Duncan Campbell - London/South East
- Eileen Carroll QC (Hons) - London/South East
- Christopher Cox - East Midlands
- Peter Causton - North West
- Angela Curran - North East
- Simon Davis - London/South East
- Anthony Fincham - London/South East
- Neil Goodrum - Yorkshire/Humber
- Noel Campbell - London/South East
- Philip Howell-Richardson - London/South East
- Kate Jackson - London/South East
- Mark Jackson-Stops - London/South East
- Alan Jacobs - West Midlands
- Gerard Khoshnaw - Yorkshire/Humber
- Karl Mackie - London/South East
- Nick Pearson - London/South East
- Eve Pienaar - London/South East
- Joe Shammah - North West
- Caroline Sheridan - London/South East
- Kevin Smyth - London/South East
- Felicity Steadman - London/South East
- Mark Summerfield - London/South East
- Tim Russ - East Midlands