CMC Response to MoJ Consultation
The CMC has responded to the MoJ’s consultation on increasing use of mediation in the civil justice system. Thank you to all members who helped the CMC shape its response by attending joining our online discussion session, completing our recent survey, or sending in your own views.
The CMC’s response sets out its support for the introduction of automatic referral to mediation for all small claims, provided that participants are provided with appropriate information. The CMC believes that the proposed one-hour should be capable of extension and/or there should be a voucher system to enable parties to access further mediation.
The response also addresses the consultation questions about the regulation of mediation, saying that CMC already regulates mediators, mediation providers and mediation trainers on a voluntary basis and that self-regulation remains appropriate. The CMC proposes a system similar to that currently in place for MIAMs in family cases whereby anyone conducting a mandated mediation must be registered with the CMC, or a CMC member organisation. The CMC will work with member organisations such as CEDR, RICS and CIArb to benchmark and agree minimum registration standards.
That way, the public can be assured that mediators registered with member organisations, rather than individually with the CMC, have at least the same standards and level of regulation as CMC individually registered mediators. The CMC will hold a central list of all accredited and registered mediators so that the public has a “one-stop shop” to check a mediator’s credentials. The CMC will continue to work with the Family Mediation Council (FMC) to obtain a Royal Charter for mediation as a profession.