Civil Mediation Council

From Wikipedia, the free encyclopedia
Jump to: navigation, search

Introduction to the CMC[edit]

The Civil Mediation Council (CMC) is the recognised authority in England and Wales for all matters related to civil, commercial, workplace and other non-family mediation. It acts as the first point of contact for the Government, the judiciary, the legal profession and industry on mediation issues.

The CMC is an unincorporated association of Members established in April 2003 by mediation providers, independent mediators, leading academics, legal professional bodies and government departments in England and Wales.

It has more than 400 individual, organisational and associate members and provides major conferences and forums throughout the year. It operates an accreditation scheme for organisations that provide mediation services.

The Ministry of Justice has used the accreditation scheme provided by the CMC as a mark of quality assurance. This is very much in line with Article 4 of the EU Mediation Directive28, which encourages Member States to develop effective quality control mechanisms.

“Solving disputes in the county courts: creating a simpler, quicker and more proportionate system A consultation on reforming civil justice in England and Wales” (http://www.justice.gov.uk/downloads/consultations/solving-disputes-county-courts.pdf)

Membership[edit]

Membership of the CMC although voluntary, offers a number of benefits and provides a unique opportunity for members to participate in and influence the development and growth of mediation as a form of alternative dispute resolution. Membership of the CMC continues to grow, with over 400 individual members and 100 mediation provider organisations. Associate members are also welcome. The CMC promises to remain an important voice at the heart of all that is new and growing in our profession.

Benefits[edit]

Becoming a member of the CMC provides members with an opportunity to contribute to the development and growth of mediation in this country and the chance to have a voice in the key debates that are presently underway.

Participation: Members are able to discuss their experiences and needs with other members in similar situations which can further development in professional knowledge. It also allows members to contribute and be a part of the growth of our Industry. Information: Learn about the key industry trends and/or issues and the work that is being done to address them. Publicity: The CMC is committed to promoting the civil, commercial and workplace mediation industry, the services available, benefits to business and member profile information. Through a network of events, partnerships and public relations members will also have the opportunity to promote their organisation to other members and the public.

Representation: The views of CMC members are presented to major players in the industry including the UK government and other governmental bodies.

Visibility: By listing our members on the website, individuals with a need for the services of a mediator are able to search for a provider closest to them.

Individual Member[edit]

Article 2.4 of the CMC Constitution confirms eligibility of membership as the following: "a "Mediator" is defined as an individual who conducts a professional mediation practice in England and Wales, whether solely or in conjunction with other business or professional pursuits, and who is qualified in accordance with such standards as to training accreditation or otherwise as the Board may publish from time to time."

Associate Member[edit]

If a person does not qualify under the CMC Constitution to be a full member, they can apply for Associate Membership. The difference with associate membership is that a person cannot stand or vote in Board elections, propose or second resolutions or appear on the list of members on the website.

Organisational Member: Accredited / Registered Mediation Provider Organisations[edit]

Individual mediators are not accredited by the Council. Mediators are accredited by Accredited Mediation Providers.

The Provider Accreditation Scheme and CMC Registered Scheme details require organisations and their members to meet a minimum criteria in terms of training and ongoing practice requirements.

The Ministry of Justice has used the Provider Accreditation Scheme provided by the CMC as a mark of quality assurance.

Background[edit]

The Civil Mediation Council (CMC) was established in the UK in 2003 under the chairmanship of Lord Justice Sir Brian Neill to be the neutral and independent body to represent and to promote civil and commercial mediation as alternatives to litigation and thereby to further law reform and access to justice for the general public[1]. It followed an initiative by mediator and barrister Jonathan Dingle to build on unsuccessful attempts to provide a single unified voice for civil and commercial mediation in the United Kingdom. On 11 December 2007, the CMC elected Lord Gordon Slynn of Hadley, the international jurist, as its President and Lord Justice Sir Henry Brooke, a former Vice President of the Civil Division of the Court of Appeal of England and Wales, as its Chairman.

Mission, vision & values[edit]

The Civil Mediation Council (CMC) aims to be the voice of mediation.

Mission: To inspire all sectors of society to use mediation when managing and resolving disputes

Values: Excellence, Innovation & Growth, Informed Debate, Openness & Inclusion

Aims:

  • Excellence
    • To promote the highest standards of skill, conduct and integrity in mediation
    • To enable access to high quality mediation services
  • Innovation & Growth
    • To lead the development and stimulate the growth of mediation
    • To encourage continuous evaluation and research into mediation
  • Informed Debate
    • To engage in the key debates that influence the growth and direction of mediation
    • To be a trusted and authoritative source of information about mediation
    • To promote an understanding of the value and practicalities of using mediation

OPENNESS & INCLUSION

• To act as a link between all who are interested in mediation, in particular our members, the public, businesses, the professions and the government • To provide a forum for individuals, organisations and others to work collaboratively on mediation topics

Officers of the CMC (2013)[edit]

Chair: Sir Alan Ward

Immediate Past Chairman: Sir Henry Brooke

Vice-Chair: Bill Wood QC (also elected to represent individual mediators)

Treasurer: Richard Schiffer (who also represents the ADR Group)

Hon. Secretary: Iain Christie

The Board of the CMC: The Board of the CMC, in addition to the Chair, the Vice Chair, the Secretary and Treasurer, are the comprises representatives of: the Academy of Experts, the Association of Northern Mediators, CEDR, the Chartered Institute of Arbitrators, individual mediators, the Ministry of Justice, the Department for Business Innovation and Skills, the Law Society, the Bar Council. A representative from Acas also attends Board Meetings, as an observer and to contribute from the Acas perspective, but has no vote.

Committees of the CMC Board: Academic Committee, Accreditation and Training Review, Communications, Government Relations Committee, Outreach, Conferences and Forums, Workplace

News & events[edit]

The CMC:

  • Each year runs a number of seminars, CPD sessions and an annual conference. See

http://www.civilmediation.org/diary.php

  • Provides regular Mediation Messenger newsletters. See

http://www.civilmediation.org/newsletters-online

CONTACT[edit]

Civil Mediation Council, The International Dispute Resolution Centre, 70 Fleet Street, London, EC4Y 1EU, Telephone:020 7353 3227

References[edit]

Further reading[edit]

Dispute Resolution Commitment: http://www.justice.gov.uk/downloads/guidance/mediation/drc-may2011.pdf Guidance notes on the Dispute Resolution Commitment http://www.justice.gov.uk/downloads/guidance/mediation/drc-guidance-may2011.pdf MoJ consultation, “Solving disputes in the county courts: creating a simpler, quicker and more proportionate system - A consultation on reforming civil justice in England and Wales” http://www.justice.gov.uk/downloads/consultations/solving-disputes-county-courts.pdf See, in particular section 3 (which sets out proposals relating to ADR).

Resolution of the European Parliament regarding the implementation of Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters in member states, its impact on mediation and its take-up by the courts (13 September 2011): http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2011-0361+0+DOC+XML+V0//EN&language=EN.

UNCITRAL Conciliation Rules – UN Resolution 35/52 adopted by the General Assembly on 4 December 1980 http://www.uncitral.org/pdf/english/texts/arbitration/conc-rules/conc-rules-e.pdf

UNCITRAL Model Law on Conciliation – UN Resolution 57/18 adopted by the General Assembly on 24 January 2003 http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N02/538/98/PDF/N0253898.pdf?OpenElement

EU Code of Conduct for Mediators adopted in July 2004 http://ec.europa.eu/civiljustice/adr/adr_ec_code_conduct_en.pdf

EU Mediation Directive – Directive 2008/52/EC of the European parliament and of the Council of 21 May 2008 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:136:0003:0008:En:PDF

Access to Justice Final Report by The Right Honourable The Lord Woolf, Master of the Rolls, July 1996 http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/civil/final/contents.htm

Review of Civil Litigation Costs Final Report by The Right Honourable Lord Justice Jackson, December 2009 http://www.judiciary.gov.uk/NR/rdonlyres/8EB9F3F3-9C4A-4139-8A93-56F09672EB6A/0/jacksonfinalreport14011

HM Government ADR Pledge announced by the Lord Chancellor in March 2001 http://www.justice.gov.uk/publications/docs/alternative-dispute-resolution-08-09.pdf

Resolving Workplace Disputes - Department of Business Innovation & Skills, January 2011 http://www.bis.gov.uk/assets/biscore/employment-matters/docs/r/11-511-resolving-workplace-disputes-consultation.pdf

Solving disputes in the county courts – creating a simpler, quicker and more proportionate system: Ministry of Justice, March 2011 http://www.justice.gov.uk/consultations/docs/solving-disputes-county-courts.pdf

          1