Following its 2022 consultation on Increasing the use of mediation in the civil justice system, the Ministry of Justice (MoJ) has responded this morning, announcing the Government’s intention to fully integrate mediation into the court process for civil claims valued up to £10,000. It will aim to make mediation an essential step for all claims for specified amounts of money, which currently make up 80% of small claims.
Over 180,000 parties will be referred automatically to a free hour-long telephone session with a professional mediator provided by HM Courts and Tribunals Service (HMCTS) before their case can be progressed to a hearing. It is estimated that greater use of mediation could positively impact up to 92,000 cases per year. This could free up to 5,000 sitting days a year, providing a substantial boost to court capacity and helping the government to reduce waiting time for the most complex cases.
The Government also remains committed to integrating mediation in the court journey for higher value civil claims in the county courts later, and will continue collaborating with the civil mediation sector to plan and progress this policy.
The Civil Court Users Association’s (CCUA) response to the original consultation can be found here.
