A survey collated by Linklaters has revealed that over 60% of those who use mediation services believe that mediators should not handle more than two one-day mediations per week.
The survey of 50 top commercial law firms was carried out to support the Commercial Mediation Group, which had its public launch this week at Linklaters’ Silk Street offices. The group, founded by Linklaters litigation partner Katie Bradford, brings together commercial users of mediation and aims to provide a policy platform for consultations relating to mediation reform. It is the first independent, structured and commercially focussed forum for solicitors specialising in commercial dispute resolution through mediation and their clients.
The survey collates the views of mediation users in several important areas and found that 47% of those who use mediation services think that cost penalties should apply to parties who attend a mediation but who have no intention of seeking a compromise or do not participate in good faith.
Other key findings of the survey of mediation users were:
- 56% support an increase in mediators’ fees to enable them to increase the time and quality of their preparation
- 68% believe mediators should take an interventionist role in mediations, suggesting settlement levels
- 67% do not support compulsory mediation
- 51% believe the courts should recognise an independent ‘mediation privilege’ to apply to mediation, which protects the mediator even if parties agree to waive the privilege.
Katie Bradford, a partner in Linklaters’ litigation and arbitration practice, and founder of the group, said:
“There is lively interest amongst commercial clients and their solicitors to use mediation effectively in complex commercial disputes. This is now an international process, building on the strong mediation credentials of the UK commercial law firms. The Commercial Mediation Group will harness that energy to examine key issues in mediation as flagged in our survey. Linklaters has a reputation for resolving our clients’ problems in complex commercial disputes and is pleased to lead this initiative.”
The meeting of the Commercial Mediation Group was attended by lawyers from the City’s top law firms, in-house counsel from leading corporate and public bodies, with mediators, the bar, and members of the judiciary, and representatives from government.
ENDS
For further information, please contact Katie Taylor on +44 20 7456 2287.
Notes to editors:
- Linklaters LLP is a leading global law firm, supporting clients in achieving their strategies wherever they do business. We use our expertise and resources to help clients pursue opportunities and manage risk across emerging and developed markets around the world.
- Linklaters’ litigation and arbitration practice offers a first-class dispute resolution service, including litigation, arbitration and regulatory investigations, throughout our global network. We have a reputation for achieving major wins and have specialist expertise in handling the most sensitive and complex cases. Our international network and the global nature of the litigation and arbitration group at Linklaters enables us to provide integrated cross-border advice. We believe we offer an unparalleled ability to deliver integrated multijurisdictional advice on the regulatory aspects of corporate and finance transactions, litigations and government investigations.
The Commercial Mediation Group is an affiliation of legal professionals, including solicitors in private practice and in-house counsel, who act as advisers in relation to the resolution of commercial disputes through mediation ("Commercial Mediation").
The group’s objective is to promote the interests of the users of Commercial Mediation, including companies, financial institutions and public bodies, in all aspects of the current and future development of the law, standards and practice of mediation with a view to, amongst other things:
- improving service standards between Commercial Mediation users, mediators and service providers;
- assisting the development of mediation practices to suit the needs of Commercial Mediation users; and
- providing a voice to respond to consultations and issues of importance to the users of Commercial Mediation.
The survey was circulated to approximately 50 commercial law firms and completed by their litigators.
