UKGI00005307
UKGI00005307
SUMMARY OF CEDR’S OBSERVATIONS ON POST OFFICE MEDIATION SCHEME: AUGUST 2015
Outcomes
Of the 20 cases that have taken place to date:
© 8cases (40%) have been resolved, meaning a settlement has been reached
* 5 cases (25%) have been progressed, meaning resolution has not been reached but both
sides have left with a better understanding of the other’s position
© 7cases (35%) were left unresolved
The settlement rate of c.40% is less than CEDR’s averages (of 65-75%, with a further 10-15% being
progressed). However, the sample size is relatively small, and furthermore, Post Office are agreeing
to mediate in almost all cases, even where the prospect of settlement is slim.
Applicants’ expectations
CEDR have observed that a number of applicants seem to have not understood fully the nature of
mediation, and have also been influenced by the wider campaign around the Horizon system.
Some have therefore attended with the expectation they are going into a compensation process,
rather than a dialogue. Some also appear to have mistakenly inferred that the offer of mediation
indicates an acceptance by Post Office that it is liable to them, but that is not the case.
Clarity of issues
CEDR have observed that a small number of applicants have not been clear on the issues to be
discussed in mediation — for example, bringing new claims or complaints during the mediation that
had not been raised previously. Mediation is more successful where applicants can bring specific
claims and evidence, rather than general allegations about Horizon or Post Office.
Some applicants have also not been prepared to provide evidence to substantiate their claims
(particularly claims for compensation), and CEDR observe this can make mediation less effective.
Representation
CEDR have observed that mediations can be more successful when the applicant has legal
representation. In some circumstances applicants have been unrepresented, or their chosen
representatives have been outside the legal profession.
CEDR noted that subpostmasters who have not had legal advice or representation can come away
with a negative view of mediation, which they may feed back to other individuals.
CEDR recommend that applicants are strongly urged to seek legal advice, and if possible to have
legal representation at meetings. (Note that Post Office will fund the cost of professional advice for
applicants for the mediation meeting, as well as reasonable travel/expenses).