The number of mediations has doubled in the last two years, and most mediators expect workloads to increase, according to research seen exclusively by the Gazette.

The fourth biennial survey of civil and commercial mediators, carried out by the Centre for Effective Dispute Resolution (CEDR), showed there were around 6,000 cases a year, twice the figure in the 2007 survey.

CEDR said much of this growth (60%) was attributable to the growth in schemes such as the National Mediation Helpline and the Court of Appeal Mediation Scheme.

The online survey of 221 mediators showed the mainstream commercial caseload had risen by 30% since 2007.

It showed a continued trend towards clients making direct referrals to mediators rather than working through service organisations, with nearly 65% of ad hoc cases being handled on this basis.

The market continues to be dominated by a select few, although the size of that group is slowly rising. The audit showed a group of around 90 individuals collectively were involved in around 85% of all non-scheme commercial cases (in 2007, 80 people held 80%), and within this group some 50 individuals were involved in 70% of all cases.

Mediators reported that around 75% of their cases settled on the day, with another 14% settling shortly afterwards, giving an aggregate settlement rate of 89%, almost unchanged from the settlement rate in 2007.

The most important factors contributing to settlement in cases were judged to be the preparation by clients, mediators and lawyers, in that order, outweighing other factors including the impact of negotiation skills and specific mediator techniques such as reality testing.

As to the reasons behind non-settlements, mediators put it down to intransigent parties, unrealistic expectations and clients on fishing expeditions with no real desire to settle.

The role of conditional fee agreements also emerged as a factor, with a number of respondents citing instances where they had acted as a barrier to settlement.

Looking to the future, less than 10% of mediators see themselves doing either the same number or fewer mediations in five years’ time; while 42% expect to be mediating more (although it would not be their main occupation); and a further 30% expect to have become full-time mediators.

Of the respondents, 37% classified themselves as full-time mediators while the vast majority combine their practice with another profession; and 60% were legally qualified.

The mediators surveyed strongly (72%) favoured the civil justice system taking a more directive approach towards the promotion of mediation, although only 3% supported a fully mandatory system.

In contrast, 23% supported the status quo and 5% said there should be a more relaxed approach.

Graham Massie, director of consultancy at CEDR, said: ‘Significant progress has been made in recent years since our last audit. The commercial market is still growing steadily and there are encouraging signs of new areas of application.’

‘Commercial mediation may not therefore yet be a mature profession, but it is coming of age and has an encouraging future – even if growing pains remain,’ he said.