Evaluation of the Birmingham Court-Based Civil (Non-Family) Mediation Scheme

Abstract

The Birmingham Civil Justice Centre civil (non-family) court-based mediation scheme was launched on 7th December 2001. At the time of the research census in October 2004, 331 cases had been stayed for mediation within the scheme (approximately 11% of the cases allocated in the Birmingham CJC during that period). Mediation is available at the court in all types of claim where the sum in dispute exceeds 5,000 and in all housing disrepair cases regardless of the amount claimed. The court provides accommodation for mediations between the hours of 4.30pm and 7.30pm and arranges the introduction of a trained independent mediator. Fees vary according to the sum in dispute and the entirety of the fee is paid to the mediator or mediation organization. The study was designed in response to an invitation from the Department for Constitutional Affairs, seeking to establish the effectiveness of a number of court-based mediation schemes in terms of resources, quality and user satisfaction.