I did an analysis of last year’s mediations recently. January is always a quiet month for me, so it justified my being in the office! It threw up some interesting statistics – well, interesting to me.
The 2016 mediations covered eleven sectors (although some covered more than one) and 44% were construction; Professional Negligence and other Insurance being the next largest sector (20%). 77% of the construction cases settled but only 50% of the PI/Insurance. Best for settlement was Liquidations, Sports and Probate (all 100%) but together they only accounted for 12% of the mediations. Worst was a neighbour dispute (only one) which didn’t settle and so I scored a resounding 0% settlement.
Overall I had a 73% settlement rate, less than 2015 but still around the common wisdom of 70-80% settlement of commercial disputes nationally.
Total value of claims was £61,364,000 plus counterclaims of £13,963,000 but that is distorted by one claim being £48,754,000 plus £10,840,000 counterclaim.
In the end statistics are irrelevant. Settlement rates should be irrelevant. The mediator’s role is to give the parties the best chance of getting a deal. It is the parties responsibility to make the best of that opportunity. If they foul it up, that is their problem. If the mediator leaves a mediation being able to honestly say that s/he gave them the best opportunity, whether they settled or not, then it should be seen as a job well done.
We are in the business of making people’s lives better.