Overview

This report by Nabarro explores the extent to which guidance and encouragement from different sources to use mediation is being followed in judicial review cases.

Contents:

Introduction
- What is mediation?
- Mediation and Judicial Review
The big issues
The Pre-Action Protocol for Judicial Review and Civil Procedure Rules
- Relevance of the protocol
- Judicial Review
- Key provisions of the protocol
- Do the short time limits imposed by the CPR discourage the use of mediation?
Public funding for claimants – the Legal Services Commission
- The Access to Justice Act 1999 and ADR
- Applications for funding
- Non-family mediation
- Attending non-family mediation
- Application of restrictions upon the claimant’s certificate of funding
- ADR and funding for Judicial Review
Local Authority expenditure
The advantages and benefits of mediation in the context of Judicial Review
The survey questions and replies
Conclusions
- Why is mediation being used infrequently?
- When is mediation inappropriate?
- How to assess whether mediation can be used
- Factors determining the suitability of mediation
- When is mediation appropriate?
- The use of mediation to resolve parts (not the entirety) of a claim
- Can mediation be used in more specialist areas (e.g. planning)?
- How much does mediation cost?
Recommendations

To read on click ‘View Briefing’