Mediator Meeting Survey Results August 2012

Survey Background  Since 2007 approximately 400 commercial mediators accredited by CD/ACDS*, CEDR, ADR Group in SA  Online survey conducted early to mid 2012 of mediators accredited between 2007 and 2012  About 200 mediators surveyed : 64 responses received  Slides presented are a summary of the responses  Some results were compared with the May 2012 CEDR Survey * CD/ACDS: Conflict Dynamics / Africa Center for Dispute Settlement

Number of Mediation Cases 138 commercial mediations were conducted over the past year. Most mediators had mediated at least one dispute, two had mediated more than ten disputes. Nine respondents had represented parties in mediations at least once. There are approximately 8000 disputes mediated per annum in the UK. Experienced mediators are conducting as many as between 20 – 50 cases a year, with 15% mediating over 50 cases.

Practice The majority of accredited mediators consider themselves to be “starting out”, and most want to mediate “part-time” alongside their other professional work. 39% of the mediators surveyed by CEDR consider themselves to be “full time ”.

Fields in which mediation is taking place The survey concentrated on commercial mediators. They are also mediating in the following other fields. CEDR respondents believe these 3 fields will see the most growth in the next 2 years within the UK.

Industry Sectors

Case Value In the past year R417 million has been mediated by the 16 respondents who answered this question. There is a very broad range of cases mediated from as little as R500 to R170 million. The value of cases mediated each year is approximately £7.5 billion, saving business around £2 billion a year in wasted management time, damaged relationships, lost productivity and legal fees

Settlement Rate CEDR mediators reported that 70 % of their cases settled on the day, 20% settled shortly thereafter

Mediation Fees 32 respondents provided information on fees charged. The majority charged up to R8,000 per day, and 3 mediators charged in excess of R20,000 per day. The majority (24%) of mediators are earning between £500 - £1,250 per day, with top earners in excess of £8,500 per day.

Accrediting agency A number of mediators are accredited by more than one organisation. Tokiso Equillore

Case Appointments There has been a significant increase in direct referrals to mediators. Most experienced mediators receive more than half of their work directly.

Members of Mediator Panels A number of comments received from the respondents indicated difficulties in obtaining membership of mediator panels due to lack of response and feedback from organisations.

Obstacles to commercial mediation

Association of Accredited Mediators The vast majority of respondents expressed an interest in being part of an association of mediators. The top reason provided by 71% of our mediators is because they believe it will promote the development of mediation (including awareness and case referrals), the next main reason was to regulate and maintain standards.