Introduction
Over the past two decades, mediation has grown significantly in the UK, evolving from a niche practice to a mainstream dispute resolution method. Initially seen as secondary to litigation, mediation is now valued for its efficiency, cost-effectiveness, and relationship preservation.
Early Adoption and Legislative Support
The early 2000s saw a structured approach to mediation with the introduction of the Civil Procedure Rules (CPR) in 1999, encouraging ADR. The Woolf Reforms further promoted mediation as a viable alternative to court proceedings.
Growth in Commercial Mediation
Commercial mediation has notably increased, with a 38% rise in mediations from 2018 to 2020, reflecting the business sector's preference for quick and cost-effective dispute resolution.
Impact of the COVID-19 Pandemic
The pandemic accelerated online mediation adoption, with online mediations surging from 2% to 89% between March and September 2020, demonstrating mediation's flexibility and adaptability.
Legislative and Policy Developments
Recent developments, such as the Practice Direction on Pre-Action Conduct and Protocols and the Civil Procedure Rules (Amendment No. 3) effective from October 2024, require serious consideration of ADR before litigation.
Benefits of Mediation
Mediation offers lower costs, faster resolution, and relationship preservation, with 93% of cases settling on or shortly after the mediation day, making it attractive for individuals and businesses.
Challenges and Future Prospects
Despite its growth, mediation awareness and acceptance vary across sectors. However, ongoing promotion efforts and its benefits suggest mediation is here to stay.
Conclusion
Mediation's growth over the past 20 years highlights its evolution into a cornerstone of dispute resolution in the UK. Legislative support, commercial adoption, and adaptability during the pandemic have all contributed to this growth. Mediation promises to play an increasingly important role in the UK legal landscape.
At Mediator Locator, we help resolve disputes by locating and appointing suitable mediators from our panels. With 11 prestigious law firm partners and 27 skilled mediators across the UK, we cover all aspects of dispute resolution, including Commercial, Civil, Construction, Contractual, Property, Family, Employment, and more. If you have a dispute, don’t wait – mediate.
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