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

88%. 187 This is slightly lower than the aggregate 93% rate reported in the 2005
Audit, although we noted at the time that that figure seemed surprisingly high
compared to previously published service providers‘ rates that are generally in
the 80-85% range. 188 According to the UK National Audit Office mediated cases
in family disputes are quicker to resolve, taking on average 110 days, compared
with 435 days for non-mediated cases. 189 Over 95% of mediations were
complete within nine months and all mediations were complete within 12
months. 190 By comparison, the average elapsed time between applying for other
legal help for family-related matters (predominantly cases relating to children,
domestic violence or financial provision) and the date of the final bill was 435
days, or over 14 months. Only 70% of these cases were complete within 18
months. 191
3.171 In the English Ministry of Justice 2007 assessment of the voluntary
mediation scheme in London, approximately 25% of the parties involved
thought that the mediation had made no difference to the time involved in
dealing with their dispute, 33% thought that the time had been increased, and
42% thought that time had been saved. 192 73% of respondents who had settled
their case thought that mediation had saved time, while only 17% of those
whose cases did not settle thought that mediation had saved time. When cases
did not settle at mediation. When cases did not settle at mediation, 56% thought
that mediation had increased time spent on the case. 193 42% of the
representatives of the parties said that mediation had saved time, 37% thought
that mediation had increased time and 20% thought that the mediation had
made no difference to the amount of time that they had spent on the case. 194
187 The Third Mediation Audit (Centre for Effective Dispute Resolution, November
188 Ibid.
2007) at . Available at www.cedr.co.uk.
189 Report on Legal aid and mediation for people involved in family breakdown
National Audit Office, Legal Services Commission March 2007)at 8. Available at
http://www.nao.org.uk/.
190 Ibid.
191 Ibid.
192 See Genn Twisting arms: court referred and court linked mediation under judicial
pressure, (Ministry of Justice Research Series 1/07, May 2007).
193 Genn Twisting arms: court referred and court linked mediation under judicial
194 Ibid.
pressure, (Ministry of Justice Research Series 1/07, May 2007) at 181.
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