The Independent Press Standards Organisation (Ipso) is to launch a pilot arbitration scheme, one of the key recommendations in the Leveson report.
More than 20 publications have agreed to take part in the year-long experiment, including one major magazine publisher and a regional daily.
The pilot will be run on Ipso’s behalf by the Centre for Effective Dispute Resolution (CEDR), a conflict management mediator.
Several national titles have agreed to take part, including the Times, Daily Telegraph, Daily Mail, the Sun, Daily Mirror and Daily Express. The Press Association and Condé Nast UK magazines have also signed up, as has one regional, Trinity Mirror’s Liverpool Echo.
The scheme, which aims to resolve legal complaints in order to avoid costly court hearings, will be reviewed after 12 months to examine its effectiveness.
It will encompass a variety of potential claims: defamation, intrusion into privacy, misuse of private information, breach of confidence, harassment and data protection.
Although it will be entirely voluntary to take part in the scheme, once the parties agree to do so, both will be bound by the decision of the specialist barristers recruited by CEDR to act as arbitrators.
CEDR currently provides dispute resolution services for a range of UK organisations, including the Court of Appeal for England and Wales, the Football League, the NHS Litigation Authority, ABTA and the Financial Conduct Authority.
Where appropriate, says the Ipso announcement, arbitrators will be able to require how complaints are remedied and that may include the requirement of one party to pay the costs of another.
The statement says: “Built into the process is an opportunity for both the claimant and the member of the press to try to reach a mutually agreed settlement prior to a final decision being delivered.”
The regulator had made it clear that arbitration will not replace the free-to-use regulatory complaints handling service operated by Ipso. It will be run as a separate service.
And to ensure each function is kept separate, Ipso will not process an arbitration claim at the same time as a complaint under the editors’ code of practice on the same issue.
There will be “a small fee” for the both claimant and the publication. Costs have been fixed and will be capped at £2,800 (+VAT) for the claimant. But if the case is resolved after a preliminary ruling, it will only cost £300 (+VAT).
Differences in Scottish law mean that publishers have chosen not to include their Scotland-only publications as part of the pilot.
Ipso’s chairman, Sir Alan Moses, said of the scheme: “Arbitration is not just about reducing costs and delays associated with litigation, it is about widening access to justice for members of the public.
“They need a means whereby they can vindicate their legal rights without going to court. At the core of Ipso’s work is our support for claimants who feel wronged by the press and this pilot is part of this provision. We look forward to working with CEDR in delivering this important service.”
And CEDR’s chief executive, Karl Mackie, spoke of his organisation’s delight at being chosen to provide the arbitration scheme pilot.
He said: “We have worked hard with them [Ipso] on the scheme to help streamline administration and manage the cost of dispute resolution to parties.
“This new scheme demonstrates the important role there is for alternative dispute resolution and we are looking forward to working with Ipso.”
On Ipso’s website, is a full list of participating publications plus more detailed information and FAQs.
Comment: This is a welcome development. Although it has taken a long time to arrange it had to clear legal hurdles and allay the concerns of the publishers of local and regional newspapers.
They were worried about the costs they might face should people seek arbitration rather than using Ipso’s complaints handling service.
For nationals, however, the costs of arbitration - if it works - should be considerably less than dealing with legal actions.
Will Impress gain official recognition?
By coincidence, Impress - the alternative regulator to Ipso - has announced that its application to the Press Recognition Panel (PRP) for recognition under the royal charter on press regulation is to be heard at a PRP board meeting on 23 August.
Impress is regulating 33 small, independent news publications.
NB: The Guardian, the Observer, the Independent, London Evening Standard and the Financial Times have not signed up to Ipso or Impress.
