Overview
The aim of the Civil Mediation work type is to enable the recording and management of mediation on civil matters in England & Wales E&W). The Mediation work type is not intended to be used as a standalone matter type, but as a related child work type to existing matter work types.
In the accelerator, Mediation includes a new root work type for ADR (Alternative Dispute Resolution), an abstract work type for Mediation, and a create-able work type for E&W Civil Mediation. All configuration within this accelerator has been configured at the Mediation work type level - if work types are amended this may need to be reviewed/updated. The work type consists of participants, data capture, key dates and an associated phase plan, and the accelerator also includes the following workflows:
| WORKFLOW | TRIGGER | WORKFLOW DETAILS |
|---|---|---|
| Mediation Prep Task | When a Mediation work item is created | Workflow to create a task for the handler to prepare for mediation |
| Mediation Reminders | When a Mediation work item is created | Workflow to create reminders for the date of the mediation |
| Mediation Outcome | When the phase is set to ‘In Progress’ | Workflow to create a task for the handler to record the outcome |
Context/Background
The benefits of mediation is that it allows the parties stay in control; unlike in court, where a judge makes the decisions, in mediation the parties are able to decide how to resolve the dispute and don’t have to accept an outcome they are not happy with. Mediation is confidential, and usually much quicker and much less expensive than going to court, so it can be a more efficient way of resolving disagreements that allows everyone to move on from the problem sooner.
Mediation can take place at any time before the case reaches a hearing or trial at court. If a court claim has already been started and the parties wish to mediate, the court can pause the case to enable mediation to take place. In mediation all conversations are ‘without prejudice’ - which means that nothing that is said at mediation can be used in court.
In most types of mediation, if a resolution is agreed, parties will sign a written agreement, known as a ‘settlement agreement’, which will set out the agreement you have reached. For civil disputes, the signed agreement serves as a legally binding contract. If court proceedings have already commenced, a court order which sets out what was agreed in mediation can be made by agreement of those involved (this is known as a ‘consent order’ or a ‘Tomlin order’).
Use Cases
Mediation can take place at any time before the case reaches a hearing or trial at court. If a court claim has already been started and the parties wish to mediate, the court can pause the case to enable mediation to take place.
When the Mediation work type is utilised on matters, the user journey is designed to be as seamless as possible. Mediation is intended to be added/updated via a menu command on appropriate matter work types (similar to how proceedings are manually created/edited). A portal for Mediation is not included in this accelerator, as it would feel overly complex, instead users will interact with the Mediation work type blade, and any tasks created will be assigned to the parent matter.
The solution is designed so that users can create and edit existing instances of mediation via the matter menu.