Civil Mediation Council
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The Civil Mediation Council is the recognised authority in the country for all matters related to civil, commercial, workplace and other non-family mediation.

This site is intended to assist members access professional information and visitors to learn about mediation, the CMC, and how to join.

Break

CMC-FMC Academic Conference
Compulsory Mediation: Opportunity or Threat?
London - 13 October 2017


From the conference:

A fascinating introduction into a very successful example of online dispute resolution presented by Shannon Salter, Chair of Civil Resolution Tribunal, British Colombia, Canada.



Workplace Event
West Midlands 19 October 2017

Tickets and more details here



Changes to CMC Administration

CMC is currently reorganising its administration functions. During this period the following arrangements are in place:

The CMC telephone number 020 7353 3227 will be answered by an answering machine. Calls will be monitored on a weekly basis and the recorded message will so advise as well as provide these new email addresses.

If you are contacting us and your email enquiry concerns

1. New membership or membership renewal (individual, organisation, mediation provider) please send your email to: applications@civilmediation.org

2. Registered Mediator please send your email to applications@civilmediation.org

3. CMC/FMC Academic Conference on Friday, 13 October 2017 please send your email to: projects@civilmediation.org.

Further information about the conference and tickets can be found at: https://www.eventbrite.co.uk/e/compulsory-mediation-in-the-civil-and-family-courts-opportunity-or-threat-an-academic-conference-tickets-34469175231?aff=es2

4. CMC Workplace Event on Thursday, 19 October 2017 please send your email to: projects@civilmediation.org.

Further information about the event and tickets can be found at: https://www.eventbrite.co.uk/e/save-time-save-money-save-stress-make-mediation-work-for-you-west-midlands-tickets-33331162404

5. All other emails should be sent to registrar@civilmediation.org as usual.

During this interim period all communications will be dealt with as soon as possible.

Post should continue to go to Civil Mediation Council, IDRC, 70 Fleet Street, London EC4Y 1EU.

We appreciate your understanding. We will be making regular announcements regarding the reorganisation of our administration.

GREAT ORMOND STREET HOSPITAL -v- YATES and GARD [2017] EWHC 1909 (Fam) - The Hon. Mr Justice Francis

The recent case of baby Charlie Gard and his parents' fight for the right to choose to extend his life by seeking treatment abroad has been widely debated in the media. Opinions have raged on both sides of the argument, stoked by the immediacy of social media, and notably there have been distressing attacks on both the parents and those working at Great Ormond Street Hospital (GOSH).

In his final decision, Mr Justice Francis makes a particular point: "However, it is my clear view that mediation should be attempted in all cases such as this one even if all that it does is achieve a greater understanding by the parties of each other’s positions."

Whilst this is specific about cases "such as this one", many experienced mediators, commercial and others, would say that there is no such thing as a failed mediation because mediation helps parties “to understand the process and the viewpoint of the other side, even if they profoundly disagree with it …” That alone is a good outcome even if settlement is not achieved on the day.

This was indeed a case for mediation and the question is why was it not mediated? If the decision not to use mediation was based on the assumption that mediation would cloak the matter in confidentiality and thereby disadvantage certain parties then it may be helpful to point out that mediation is confidential by default. However, that does not mean that it must remain confidential. It is entirely possible to issue a statement or statements about the mediation which may also include the content of the mediation if that is agreed between the parties.

The Civil Mediation Council is committed to promoting the use of mediation not only as a means of settlement but also as a means of creating better understanding of the issues and narrowing the issues in dispute.

You can find the full judgment here

The relevant paragraph is quoted here for convenience.

"[20] Fourthly, I want to mention, again, the subject of mediation. Almost all family proceedings are now subject to compulsory court led dispute resolution hearings. This applies in disputed money cases, private law children cases and in all cases involving the welfare of children who might be the subject of care proceedings. I recognise, of course, that negotiating issues such as the life or death of a child seems impossible and often will be. However, it is my clear view that mediation should be attempted in all cases such as this one even if all that it does is achieve a greater understanding by the parties of each other’s positions. Few users of the court system will be in a greater state of turmoil and grief than parents in the position that these parents have been in and anything which helps them to understand the process and the viewpoint of the other side, even if they profoundly disagree with it, would in my judgment be of benefit and I hope that some lessons can therefore be taken from this tragic case which it has been my duty to oversee."

Amanda Bucklow, Chair, Communications Committee



The CMC Annual Conference Mediation in Uncertain Times: Justice, Fairness and Responsibility was held on 16 May in Birmingham. For those of you who missed this event you can view a taster on our new YouTube channel from Catherine Anderson and Dr Sue Prince.

Dr Prince will be speaking in more detail about mandatory mediation at the CMC Academic Conference in London on 13 October 2017

Further clips will be available shortly.



Implementing Workplace Mediation Schemes

Catherine Anderson talks about the London Borough of Newham's experience of introducing an internal mediation scheme.

View on CMC's Youtube channel



APPG on ADR

Members and visitors may be interested in the meeting of the All Party Parliamentary Group on ADR which took place on 31 January 2017. This session provided an overview of public sector ADR, current trends in the sector and how these forms of ADR relate to each other and the courts.

A recording of the meeting is available on YouTube