About the scheme
The scheme applies to appeals from the County Court to the Queen’s Bench and Chancery Divisions of the High Court where permission to appeal is either adjourned or granted.
Unless a judge exceptionally directs otherwise, the parties in such cases are notified by the Court that case papers have been automatically referred to CEDR for the appointment of a mediator. Parties are then asked to confirm if they wish to proceed to mediation. Mediation under the scheme is voluntary but parties may be required to justify to the Court their decision not to attempt mediation at subsequent court hearings and may have cost consequences.
At the mediation, the appointed mediator will bring the parties together to try to reach a settlement. If there is a settlement, the case will not go back to the High Court. See How to Use this Service below for more details on the process.
Duration
The preparation and duration of the mediation are based on the complexity of the case and are proportionate to the value of the claim.
- For claims up to £100,000 the fees include 2 hours of preparation and 5 hours of attendance at the mediation.
- For claims above £100,000 the fees include 2 hours of preparation and 7 hours of attendance at the mediation.
Upon receipt of written notification from the High Court that a case is being referred for mediation under the Scheme, CEDR will do the following:
- Write to the Parties to confirm consent to mediate and agreed date of mediation.
- Once all parties confirm agreement to mediate, CEDR will appoint a mediator from the CEDR Panel. We will select an appropriate mediator on a rota basis, with consideration given to the case summary provided by the Court, the expertise details we hold for the panel members and the date of the mediation. The geographical location of the parties will also be taken into consideration.
- CEDR will write to all parties confirming the identity of the mediator appointed, providing a copy of his or her profile.
- CEDR will provide the parties and the mediator with all the necessary administrative assistance to set up the mediation.
- Following the mediation, CEDR will contact the parties in order to obtain feedback on the process and will also correspond with the Court throughout as appropriate.
The standard fees payable per party under the High Court Appeals Mediation Scheme are:
| Claim Value | Price Per Party Online | Price Per Party In-Person | Preparation and Mediation Time |
|---|---|---|---|
| Up to £100,000 | £500+VAT | £600 +VAT | 2 hours preparation and 5 hours attendance at mediation |
| £100,000+ | £1,000+VAT | £1,200+VAT | 2 hours preparation and 7 hours attendance at mediation |
Additional costs:
- If the parties agree to continue with the mediation process for more than the allotted time, this additional mediation time is invoiced after the mediation at the rate set out above.
- Where the mediator incurs travelling expenses in order to attend the mediation, these will be charged in addition to the standard fee up to a maximum of £250.00, unless otherwise agreed.
- The cost of a venue is not included in the fee and the parties are responsible for identifying and paying for somewhere suitable.
The fee is payable in advance of the mediation, as soon as all parties have agreed the identity of the mediator and the date of the mediation, and should be paid to CEDR, who will issue a VAT invoice to each party for the sum due.
If the fees are not paid by the due date, CEDR will vacate the mediation and release the date from the mediator’s diary.
Mediators for this service are from CEDR’s panel of highly qualified mediators and is managed by CEDR.
In the event that the mediation is postponed or cancelled the following fees apply.
| Date of cancellation | Fee payable |
|---|---|
| 11 working days or more before the mediation | No fee |
| Less than 10 working days but more than 4 working days before the mediation | 25% of the fee + VAT per party |
| Less than 4 working days but more than 48 hours before the mediation | 50% of the fee + VAT per party |
| Less than 48 hours before the mediation | Full fee |
If a fee has already been paid before cancellation of the mediation, CEDR will refund the balance of any fee paid after making the appropriate deduction as set out above.
The mediator may ask CEDR to recover reasonable expenses for travel to the mediation venue equally from the parties.
Use of the scheme is on a voluntary basis. Parties have 7 days from the date of referral to confirm their decision to mediate. In the event that parties choose not to mediate or do not respond to CEDR, CEDR will inform the Court and the appeal will proceed in the normal way.