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2004 Exeter small claims
This page contains an outline of this research, and a summary of the key findings. Details of how to find the full report can be found at the bottom of the page.
Title
“Court-based mediation: A preliminary analysis of the small claims mediation scheme at Exeter County Court”
What is it about?
The report is an evaluation of the pilot small claims mediation scheme set up at Exeter County Court in June 2002 to provide an alternative to a hearing for parties with claims under £5,000. In the scheme (which is ongoing although some changes have been made since the orignal pilot), the judge allocated suitable cases to mediation, which involved a 20–30 minute appointment with a mediator held within four to six weeks. If an agreement was reached at mediation, the judge made an order based on the mediation report. If not, the judge gave directions for a hearing. The mediations were provided at the court free of charge to the parties. Funding for mediator fees was provided by the Department for Constitutional Affairs (DCA).
Who did it?
The research was commissioned by the Civil Justice Council and carried out by Dr Sue Prince of Exeter University. It involved analysing data collected between December 2003 and February 2004 from case files and interviews with parties attending mediation, as well as observation of all mediations held in this period. The report was published in 2004. (Note: The Exeter small claims mediation scheme has also been researched by the DCA during 2005.)
Key findings
- 58% of cases settled at mediation.
- 70% of cases allocated to the small claims track and then to mediation settled before the hearing (either at the mediation session, or before or after mediation).
- A higher proportion of cases settle when the amount in dispute is below £500.
- Mediations involving strong feelings or complex relationships (family or neighbour) are less likely to settle in time-limited mediation.
- A significant proportion of judicial time was saved by the scheme an estimated 318 hours over the first twenty months of the scheme.
- Immediately after the mediation, 75% of the parties generally felt it was useful – the most common comments were that it was informal, saved time and achieved a result.
- Several weeks after the mediation, 86% of interviewed parties thought the experience had been positive.
- 14% felt under pressure to settle.
- 90% were prepared to use mediation again.
The research team made the following recommendations:
- More research is needed into whether settlement rate is the most appropriate measure of success.
- More information should be provided to parties in advance.
- There is a need to develop consistent criteria for judicial selection of cases.
- The type of mediation conducted in the scheme needs a clear definition so parties are aware of what is involved.
The research team also suggested that mediators in such schemes need more training in:
- small claims mediation
- how to distinguish between information and advice
- how to counter-balance inequalities between the parties
Key websites
Civil Justice Council ADR research
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