A report was published yesterday on the Small Claims Mediation Service. The HMCTS opt out mediation evaluation report analyses users’ experience of the SCMS and the impact of offering mediation on an opt-out, rather than an opt-in basis. The evaluation found that:
- Users were overall positive about their mediation experience
- Users liked that it was conducted over the telephone; they were positive about the mediator
- Users chose mediation for a swift resolution, to have their voice be heard, and to try and resolve their dispute prior to court
- Negative experiences were generally linked to misconceptions about mediation
- Increasing awareness of the SCMS would help more users use this route to a fair settlement
- Increasing understanding of mediation would help users engage in mediation more effectively
The findings of this evaluation are informing the Government’s policy considerations.
The report reveals that with an opt out mediation service there was an increase in mediation of about 4-5%. 69% of Claimants agreed to it and 31% of Defendants. It is interesting that Claimants were more willing to use mediation than defendants. Settlements were about 50% of claim value and 54% of cases settled. Most users were positive about the experience.
In the meantime if you are interested in mediating we can help. Just get in touch.