Lord Chancellor recognises Manchester Courts' pioneering success
The role of courts in making a real difference to their local communities, is the focus of a visit today by Secretary of State for Constitutional Affairs and Lord Chancellor Lord Falconer. He will see Greater Manchester's Community Justice Initiative in Salford Magistrates' Court and Manchester County Court's small claims mediation scheme.
Lord Falconer said: Courts must connect with the communities they serve and deliver justice that their communities want. The people of Manchester are well served by these two pioneering courts and their innovative projects.
When local people told the Community Justice Initiative they were fed up with alcohol related crime and nuisance from quad bikes, the court and its partners took positive and effective action to combat these problems.
In the County Court, the mediation service helps businesses, shoppers and neighbours settle disputes quicker, easier and more amicably, avoiding the need for a court hearing.
Both schemes have provided the template for similar initiatives across England and Wales.
The Community Justice Court has alcohol related crime as one of its priorities. In court, a specialist criminal justice alcohol worker is on hand to assess defendants and the impact of alcohol on their lives and offending. Advice and information on safer levels of drinking and patterns of consumption is given. In the case of those who are alcohol dependent and motivated to change, a referral to the core team at Salford Alcohol Services is offered.
On the nuisance of quad bikes, the court worked closely with the police, local authorities and other partners to tackle the issue. During an area wide operation over a four-month period last year: 78 bikes were confiscated; six people arrested; 95 fixed penalty notices issued; and 233 warnings given. A major campaign was also run in Salford to emphasise to parents that the bikes are illegal for children to use.
During the visit, Lord Falconer will speak to magistrates, staff and partners and see the results of eight key principles of community justice at work:
· courts connecting to the community
· justice seen to be done
· cases handled robustly and speedily
· a strong independent judiciary
· solving problems, finding solutions
· working together
· repairing harm, raising confidence
· re-integrating offenders, building communities.
The Manchester County Court mediation scheme was set up in June 2005. It is the first of its kind in England and Wales offering a free service for small claims cases with full time in-court mediator James Rustidge. Since the start of the pilot there have been 261 mediations with 220 settled a success rate of almost 85 per cent. Mediation is also a speedier process than a full court hearing, as most cases take around five weeks rather than an average of 13 weeks for a small claims hearing. Most mediation sessions are done over the phone so that users do not even have to attend the court. The scheme has already extended to include county court users at Oldham and Stockport, and a further nine mediators will be appointed across England & Wales next month.
The mediation service provides a more relaxed and informal environment than a courtroom, allowing parties to discuss their issues and come to a mutual agreement. Both parties stay in control of the process, rather than have an outcome imposed by a judge. Settlements can also be more flexible, for example donations to charity, an apology or a mutual agreement.
The Manchester mediation service has been used to resolve a whole raft of disputes not just small claims including housing issues, business disputes, debt claims, boundary disputes, employment disputes, contractual disputes, personal injury and negligence claims as well as community disputes, such as nuisance or harassment issues.