Mediator MeetingMediator 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.

Range Response Average Response Total

Highest Value R2m - R170m ) 26,075,938 417,215,000

Lowest Value R500 - R15,000 ) 942,500 15,080,000

Lowest Value Highest Value 500 15 000

1 000 18 000 000 2 500 65 000 000 8 000 4 000 000

40 000 100 000 70 000 40 000 000

100 000 100 000 100 000 100 000 175 000 900 000 633 000 6 000 000 750 000 50 000 000

1 000 000 1 500 0001 200 000 4 500 0002 000 000 2 000 0002 000 000 170 000 0007 000 000 55 000 000

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.

TokisoEquillore

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 PanelsA 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.