Huge appetite for dispute resolution 'hub', says new report
A report has identified a great appetite for Wales to become a dispute resolution hub, reducing the financial and time burden placed on the courts system.
The feasibility study, carried out by Skills for Justice, outlines the demand for the mediation and dispute resolution sectors – including arbitration, conciliation, and other emerging practices - to collaborate, further professionalise and raise public access to justice.
Information taken from mediators, lawyers, government departments, trainers, academics, employer organisations and professional organisations uncovered the demand for a physical and/or virtual hub in Cardiff with spokes in Swansea and Wrexham.
Around 5% to 10% of all disputes make an appearance in court, but it is acknowledged that for a significant number of these cases, court is not the appropriate place, and litigation is not the appropriate process to try to resolve the dispute. In a survey of more than 2000 people, research highlighted that the majority (67%) of the general public are aware of mediation, but only a small proportion (7%) are using the process to resolve issues.
It is recognised that dispute resolution often offers a quicker and lower cost alternative to litigation. In light of calls to reduce the numbers of cases which are taken to courts and tribunals and changes to the legal aid system, mediation is emerging as a solution which can help thousands of people every year and reduce the burden on the taxpayer.
In some areas, dispute resolution provision is already being delivered to support youth offending and housing provision to great acclaim. There are now compulsory mediation assessments in publicly-funded family cases and an EU directive on dispute resolution will be introduced in 2015.
Alison Merrifield, Programme Lead at Skills for Justice, said:
“This presents an opportunity to position Wales as a leader in mediation and dispute resolution.
“Mediation and dispute resolution are somewhat immature industries which now need to grow up quickly, establish themselves, and become more business-like. The evidence from this research suggests the time is right for the establishment of a dispute resolution hub.
“A hub will provide a central point of contact - in person, by telephone or via a website - for all disputes across all sectors. It will be a gateway to information, knowledge, choice and support for clients and professionals alike. It will alleviate confusion and put all forms of managing a dispute, including litigation, on a level playing field offering real and open choice for all.
“Current demand for mediation services across the board is low, but there remain a large number of disputes, so potential demand could be high.”
Any new hub would build on the model used by the Scottish Arbitration Centre. This high profile centre based in Edinburgh has raised the profile of arbitration methods and has placed Scotland at the forefront of the arbitration specialism.
Standard-setting activities, typical of sector skills councils, would aim to consult with the sector to agree and formalise the core standard skills and knowledge required of all quality mediators and to provide a benchmark of recognised required skills.
It is also thought that while centred in Wales, a dispute resolution hub could be a flagship for the UK - attracting business and creating jobs.
Alison Merrifield added:
“The resulting benefits to the courts system appear multiple in terms of time and cost savings and generative of significant reduction in delays to individuals whose cases are waiting to be processed. Individuals are therefore likely to benefit from a reduction in cost, time and associated wellbeing due to their disputes being resolved via dispute resolution methods.
“It would also improve social cohesion and reduce antisocial behaviour as disputes will be resolved within communities. However, it is clear that continued consultation with sector practitioners and wider stakeholders is now required.”
The report makes a series of recommendations for next steps to make the vision a reality, including the investment in a realistic dispute resolution hub being found between a consortium of members who have UK-wide representation, and supported by the Ministry of Justice and Welsh Government.
It also argues that a five-year business plan be drawn up as well as the development of an industry-recognised quality mark similar to that of other highly respected and professionalised sectors
The project was funded by the Sector Priorities Fund Pilot as part of the European Social Fund (ESF) through the Welsh Government.
