1. CMC Academic Seminar 20 January 2010 The UK mediation scene from the CMC’s perspective By Sir Henry Brooke Chair of the Civil Mediation Council

2. An Overall View Family mediation Community mediation Workshop mediation Northern Ireland Scotland Civil & commercial mediation

3. Family mediation Breakthrough in 1997 Different mediation techniques Public funding means greater regulation Far fewer separate organisations

4. The Organisations National Family Mediation (47 affiliates) The Family Mediation Association Resolution The ADR Group The Law Society panel of Family Mediators The College of Mediators

5. The Family Mediation Council Schisms in the past Six member organisations Prescribes standardss Obligation of members to observe standards And to ensure that their mediators do, too LSC Quality Mark

6. Family mediators come from different disciplines Lawyers Counsellors Social workers Health professionals Education professionals All are subject to regulation and monitoring of performance

7. Community & neighbourhood mediation Not within CMC’s terms of reference Many respondents wished the CMC to have a role here In 2003 UK Mediation was the umbrella body Nothing has taken its place College of Mediators now sets standards 100 of its members are community mediators

8. Community mediation: the present scene Lots of innovation Experiments with peer mediation etc Neighbour disputes may turn into litigation Mediators need greater sensitivity to the local social context

9. A role for the CMC? A role for the CMC? Perception of CMC as “lawyer- dominated” “Tread with care” Isolation of some providers Serious funding problems for some Innovative sources of funding Quality of training variable Great attention paid to co-mediators; feedback; mentoring

10. Law Works An independent charity A grossly under-used resource Over 150 fully trained mediators Cases taken up within two minutes Mediation clinics

11. Workplace Mediation Conflict resolution in the workplace Before matters escalate CMC involved in 2008 Employment Act 2008: emphasis on early mediation CMC registration scheme 37 registered providers (27 are also accredited civil providers)

12. Slow progress so far More tribunal cases last year Workplace Committee has most of the leading players Chaired by a CMC Board member Co-operation with BIS and ACAS Consultation on 3-year Business Plan Workplace Forum in March Conversion courses

13. Northern Ireland Emphasis on community mediation Mediation Northern Ireland Delivery of quality mediation & training services Civil mediation less advanced No great procedural change CEDR presentation to judges & lawyers in December My three mediations in Belfast

14. Scotland Scottish Government funding Scottish Mediation Network Multi-disciplinary Standards Board Scottish Mediation Register Board sets standards for admission to register “Badging” regulators

15. Registration requirements 30 hours’ tuition (inc. 15 hours role-play) Badging regulators may require more exacting standards Compliance with good practice guidelines Other codes of guidance Registered mediators may use logos

16. Civil and Commercial Mediation Started in 1989 Already an academic subject in USA CEDR & ADR Group Commercial Court practice Lord Woolf’s two reports Dunnett v Railtrack (2002) Halsey (2004)

17. The creation of the CMC First discussions in 2002 Constitution in December 2003 Composition of the Board Equal numbers of elected providers & individual mediators Treasury pressures on DCA Mediation being over-promoted

18. The National Mediation Helpline Call centre and website Accreditation of providers Board set standards for panel members The original Accreditation Scheme A few well-established training providers Not less than 24 hours of training

19. The Constitution of the CMC Listed areas of law Inclusionary, not exclusionary Not community or family The CMC’s objectives ◦ Educational (including research) ◦ Standard-setting through accreditation ◦ Promotional ◦ Lobbying

20. Court-based schemes A few court-based schemes Small claims pilots Central London Academic studies of schemes Pressure to promote settlements and reduce hearings The small claims mediator scheme

21. The NMH Scheme Now limited to the fast track and the multi-track Vast increase in providers; mediations static Debate on future of accreditation Last year’s aborted proposals Scheme overhauled in 2009 71 CMC provider members: 50 accredited

22. Now a two-year process of dialogue Full-time registrar Huge increase in mediations in 2008 Overhaul of NMH and accreditation arrangements in 2009 Last autumn’s survey Working out a communications strategy A quarterly news sheet Evidence to the Jackson Review

23. Three important issues for 2009 Minimum standards for training, observerships, CPD, practice requirements Desire of respondents for searchable list of qualified mediators Dialogue with community mediators?

24. Strong links with academic world Is Board membership a good idea? Three seminars a year Study of teaching about ADR in universities & vocational courses Revamping the website The possibility of an online journal Relationship of co-operation and mutual respect

25. A snapshot of what is happening Very interesting times Close future ties with academia The stimulus of the Jackson Report THE END