TWENTY SIXTH CIVIL MEDIATION COUNCIL MEETING Held on Thursday, 28 th June 2007 at the Chartered Institute of Arbitrators; Bloomsbury Square MINUTES Those present: KM (Chair); PN; RC; DR; HA; RN (and Diane Flanders, MOJ); MJS; ID (for FRB); MK; RS; MFS; JK; JD The meeting opened at 1630 with Karl Mackie in the Chair in the absence of Lord Slynn. KM reminded everyone that the first half hour would be for general business and the remainder of the meeting dedicated to discussing the way ahead. 1. Apologies for Absence Apologies were received from LGS; HH; FB; and DP. Best wishes were especially sent to DP who was in hospital. 2. Chairman s welcome KM thanked the Chartered Institute for hosting the meeting and welcomed Board Members. He noted that LGS was delayed in Ireland but had relayed various messages especially as to the debate on the future. 3. Minutes of the Last Meeting Subject to minor typos the Minutes were approved. 4. Matters Arising 4.1 Representation of mediators: PN provided an update on the work of the Lamport House Group which saw its informal role as very much complementary to that of the CMC. It was agreed that the CMC would discuss the better representation of individual members through its Constitutional Committee and look at what changes may need to be made to achieve the aspirations that the LHG s survey appeared to offer. The CMC should develop ways of better engaging with the debate. The issue of whether registration for mediators is desirable was a parallel topic with which the CMC will also engage as appropriate. ACTION: KM/ Constitution Committee Page 1 of 5
4.2 An Ombudsman for Mediators: JK spoke to her Note which followed discussions with the ANM and others where concerns as to the lack of an effective high complaints mechanism (whether as between parties and providers, or mediators and providers) existed. JK suggested that the CMC might sponsor an independent person of standing to act as a non-binding Ombudsman (or some similar title) to attempt to resolve such otherwise difficult matters. The initiative was welcomed by some members and doubted by others but it was agreed that it would be considered in the context of the future work of the CMC and by the External Affairs Committee. 5. Secretary s Report and Correspondence ACTION: External Affairs Committee 5.1 Correspondence : JD reported that there had been a considerable volume of routine correspondence and this was dealt with: there were no outstanding items. 5.2 Website: details of providers were being uploaded and available on the website. The project was interesting and the Accreditation Committee would find the creation of a readable web-friendly single spread sheet possibly challenging. This would be reviewed. 5.3 BICMA: the BICMA scheme was now running with the NMH. 5.4 Church of England Scheme: this was in the final phases of approval before being added to the NMH. Considerable work had been done by Diane Flanders (MOJ) and Adrian Isles (COE) to agree a mechanism. 5.5 Pro Bono Scheme: the opportunity for the NMH to run a scheme for the provision of pro bono mediation in cases where there was no monetary value to the claim had arisen and was subject to discussion. 6. Treasurer s Report 6.1 Finances - the Treasurer announced that there 50 provider members but 8 had failed to pay. Those members who are accredited and who have not paid their annual membership fee will be reminded that under the Constitution they cannot remain accredited without continuing their membership. The Treasurer will follow up those who have not paid their membership fee; if necessary, it was resolved by the Board that non-payers will be removed them from the list of accredited providers - even if that means that they will not be able to work with the NMH. ACTION: Treasurer 6.2 Membership - there were some 206 individual members and 44 were being chased for fees. This was a major task. JD mentioned the intention to recruit Page 2 of 5
and have in place by September the administrator which would help RS in this function. RS was thanked for his work and report. 6.3 Overall finances were sound with a positive balance of 51,944.54. 7. National Mediation Helpline 7.1 This was briefly mentioned given the information recorded above. It was a subject under review and consideration within the MOJ. 8. Mediation Awareness Week 2007 8.1 This too was under review by the MOJ. 9. Accreditation of mediation providers 9.1 DR provided a brief report on the present situation. Work on reviewing the effectiveness of accreditation was continuing in Committee. 9.2 DR agreed that there would be a firm proposal for the date and location of the open consultative workshop on accreditation at the next (31 Jul 07) meeting of the Board. 10. CMC Forums ACTION: DR 10.1 JK provided a short report to the effect that following the success of the insurance forum, the shipping forum would be held in London on 2 nd November 2007. It would be sponsored by and hosted by Ince & Co. and the costs to the CMC would be limited to 500 (if anything). 10.2 Members were invited to offer their services to support and/or speak at this forum if they had knowledge of the subject - or to recommend appropriate speakers. JK is organising as usual. 10.3 International Trade the CMC had been invited to coordinate an International Trade Mediation Forum which would be sponsored by Geneva interests in that city in April 2008. Cost to the CMC would be limited to 500. Again members with an interest in international trade mediation were invited to contact JK. 10.4 Clerical a Forum for the resolution of disputes in church organisations was planned for London in January 2008. This was in discussion with a number of church organisations. Members with an interest should contact JK or JD. Page 3 of 5
10.5 Other forums - aviation, finance, pro bono and community sector Forums were planned for 2008. Personal injury Claimant solicitors were also likely to have a Forum coordinated by an external body. JK would welcome support and ideas for these or new forums. 11. Conference 2008 11.1 JK asked Members to note that the theme for the conference would be a key topic for the 31 st July 2007 Board Meeting. 11.2 JK was happy to organise this event which would need a similar budget to 2006. Members were reminded that the event was reserved at the National Motorcycle Museum again on Thursday, 8 th May 2008. There would be a speaker s dinner nearby on the evening of 7 th May 2008. 12. Agenda for the CMC 2007/2008 12.1 The main agenda item and more than half the meeting was devoted to planning the work of the CMC, with a focus on the coming year. This meeting was designed to generate of ideas and options; brainstorming, conversation and highlighting categories for consideration encouraged an energetic flow of ideas and a wide-ranging discussion. 12.2 Members should have JD s synthesis of ideas by separate email. 12.3 The next meeting will focus on selection, decision-making and action planning. 13. Proposed Dates and locations of meetings (a) Board Meeting Tuesday, 31 st July 2007 at 1630 (b) Board Meeting Thursday, 20 th September 2007 at 1630 (c) (d) Pilot Scheme Workshop = DTBC Board Meeting - Wednesday, 28 th November 2007 at 1630 (CIArb) (e) AGM and Christmas reception, Tuesday, 11 th December 2007 at 1600 (venue to be confirmed in Birmingham). (f) Board Meeting - Thursday, 14 th February 2008 at 1630 (CIArb). 14. The meeting closed at 1815 Page 4 of 5
CMC COMMITTEES (a) Internal Affairs (Finance, membership, administration, website, organisation, etc) RS (Chair), MFS, JK, KM, JD (b) External Affairs (PR, regions, overseas, conferences, forum etc) JK (Chair), MJS, DP, RN, JD (c) Accreditation and professional standards DR (Chair), PN, JK, HA, DP, FB, KM, TW (co-opted) (d) Constitution and Development KM (Chair), RC, PN, DR, MK, HA, DR (e) Academic Committee FB (Chair), RS, MFS, Professor Roberts and Paul Randolph (co-opted) (f) Training Review Group MJS (Chair), RC, RN, MK, JK, HA Page 5 of 5