The fourth Mediation Audit by the Centre for Effective Dispute Resolution (“CEDR”), reveals that approximately 6,000 mainstream commercial and civil cases mediated in the last year. This figure does not include workplace or small claims mediations. The total case value was £5.1 billion, an increase of £1 billion in the last three years.

Mediation works nine times out of ten, with about threequarters of cases settling on the day, and a further 14 per cent settling shortly afterwards.

Preparation—by clients, mediators and lawyer—were seen as more important factors in reaching settlement than negotiation skills and mediation techniques.

Mediators blamed non-settlement on “intransigent parties, unrealistic expectations and clients on fishing expeditions”.
About 90 individuals dominate the mediation market, being involved in about 85 per cent of commercial cases.

A “concerning finding”, according to the audit, was that while mediators continue to believe that the most important factors in their appointments were experiences and qualifications, lawyers said that experience and the mediator’s fee were the key factors. In 2007 lawyers’ responses to the same questionhad been experience and recommendation by a colleague.

221 mediators participated in the audit.