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Mediator Specialisation

Mediator Specialisation

Does a mediator need to specialise to succeed?

 

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Yeah, you got to pick markets where there is a lot of mediation going on and that’s difficult as well. It strikes me that there are a lot of micro markets in mediation. There are little pockets of serious activity. If you take construction for example. I saw recently the filings in the technology and construction courts or a quarter of the claims filed there were mediated. It’s substantial in areas like that and insurance are big users of it. But then you come to areas like personal injury or clinical negligence which comprise together between something like 60% or 70% of all civil claims in the UK and the uptake is close to zero, not for any terribly principled reason I don’t think. That’s just a fact. That’s where we are at the moment. It might change with the new Jackson Cost regimen. But if it does, I think it will be relatively slow. So yeah, if you’re going to specialise, pick a niche where things are really active. But on that note, on specialisation, I think there is a view within JAMS and it’s one that I concur with that the market is increasingly looking for specialists. They don’t want, parties don’t want to have to educate a mediator once they’ve got them in the room of the nuances of whether it’s pensions or patent law or whatever it was. They need someone who speaks their language. I think that’s important in maintaining confidence in the process from the word go.

About the mediator

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Matthew Rushton began a career as a legal journalist in 1997 writing for The Legal 500 in the UK, continental Europe, and Asia Pacific regions. He subsequently wrote for a wide range of legal periodicals in the UK and US, including Legal Business magazine where he was a senior reporter and litigation editor (2000-2003). As a business journalist he is widely published in magazines and newspapers, including nationals like The Daily Telegraph. He is... View Mediator