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In the appeal case of Meric v Navis & Anor [2022] EWHC 221 (QB) (04 February 2022)
URL: http://www.bailii.org/ew/cases/EWHC/QB/2022/221.html  Sir Robin Knowles suggested the parties mediate and went so far as to say the Court might put forward a mediator if requested. Sir Robin is a member of the Civil Justice Council.

 

The case was a personal injury road traffic case involving issues of capacity and the involvement of the official solicitor, so not normally a case where mediation would be used. It looks as if the judge was one step away from ordering compulsory mediation in the case, which would be in line with the CJC report on compulsory ADR.

He says in his judgment:

the case management conference I would respectfully encourage the Court, with the assistance that the Court is entitled to expect from those representing the Second Defendant insurer, to discuss the involvement of an independent mediator. Mediation offers a range of approaches, tools and frameworks for resolution that are not available in the courtroom. The Court at the forthcoming case management conference has a valuable role in explaining to Mr Meric what the process of mediation involves and can bring. The Court will also want to address the Second Defendant insurer on the topic. I appreciate that the Second Defendant insurer has a strong view on the case, but it will also have the experience to know that that is no reason for not attempting a mediation.

In fact sometimes it underscores the reason for attempting a mediation. And the present is a case where a representative of the Second Defendant insurer should attend the Case Management Conference with solicitors and counsel. If a difficulty for the parties is agreeing on the choice of mediator I have no doubt that the Court will be prepared to assist, including by nominating a mediator

The Commercial Court has, for example, been prepared to do that, sometimes from a list of names to which the parties have contributed. Although I am not suggesting compulsion in the present case, of either Mr Meric or the Second Defendant insurer, there is nonetheless valuable up to date material on the use of mediation to be found in the recent report commissioned by the Master of the Rolls and published by the Civil Justice Council (“Compulsory ADR”; June 2011; Rt Hon Lady Justice Asplin DBE, William Wood QC, Professor Andrew Higgins, Hon Mr Justice Trower).

If you need a mediator please get in touch.