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The UK v US Mediation Market

The UK v US Mediation Market

Why are the highest mediation fees in the UK so much lower than in the US?

 

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I don’t know that it has gone wrong for us in the UK. It’s clearly very, very different. You know you talk about the UK, I don’t know 15, 20 years behind the United States, but when we do that there is kind of an underlying assumption that we’re on the same track and that we’ll ultimately get there and I’m not sure that we will. They are so related to the litigation markets and despite the fact that we are two common law systems, the differences between here and the States are vast. In fact, even within the States, from state to state there are substantial differences just in terms of costs, the fees, the sheer volume of litigation there is in the United States, the pressure that the businesses are under continually from the plaintiff’s bar is huge. They all need to settle these cases. There are huge, huge differences in culture and it may go that way here. We’re starting to have damage based agreements and so forth and contingency fees and some class actions even are contemplated in competition. But at the moment it’s just on a very, very different scale.

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