Consultation Paper on Alternative Dispute Resolution - Law Reform ...

ased a considerable distance away from the Manchester area. The use of
telephone mediation to deal with cases without the need for a judicial hearing
significantly increased the take up by parties wishing to use the service. In
2007, it was reported that telephone mediations accounted for over 70% of all
mediation dealt with by the mediator. 31
3.31 There were several ways for court users to gain access to the small
claims mediation service: self-referral, judicial referral, and external referral,
through for example, citizens advice bureaux. 32
3.32 Under the pilot scheme, a leaflet explaining the small claims
mediation procedure was sent or given to all claimants issuing claims at the
County Court. It contained a tear-off reply slip allowing a party to state whether
they were interested in using the small claims mediation. This was also sent to
both parties when they were sent an allocation questionnaire. If one or both
parties completed the slip, it was attached to the issue documents and, after
allocation to the small claims track, the case was referred to the mediation
officer. In such cases the District Judge issued one of the following judicial
directions:
SC7 – ―Upon all the parties having indicated they wish to engage in
mediation, it is directed that the case be referred to the Court
Mediator for the mediation to be arranged.‖
SC8 – ―Note for Court Staff. Some but not all parties have indicated
they wish to engage in mediation. Please notify the Court Mediator of
the case.‖
3.33 If neither party completed the slip, the District Judge could refer the
case to mediation at the allocation stage by issuing the following judicial
direction:
SC9 – ―The judge has considered your case is suitable for mediation
and you are therefore invited to use the free Small Claims Mediation
Service. The Court Mediator will be notified of your case.‖ 33
31 Rustidge Small Claims Mediation Service at Manchester County Court and roll
out to all HMCS areas in England and Wales and 2007 / 2008. <strong>Paper</strong> presented
to the European Commission for the Efficacy of Justice (26 th June 2007).
Available at http://www.coe.int/.
32 Doyle Evaluation of the Small Claims Mediation Service at Manchester County
Court (Department of Constitutional Affairs, December 2006) at 22. Available at
http://www.dca.gov.uk.
33 Ibid. at 23.
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