The MOJ has confirmed compulsory mediation in small claims cases. Whilst this is a step in the right direction, it remains to be seen how this expansion of the free small claims mediation service will be funded and what standards will apply to the mediators. Paradoxically, this is likely to result in fewer private mediations before Court as in our experience Defendants will say that they may as well wait until proceedings are issued and then take advantage of the free mediation.
So, much as I applaud the increased use of mediation I am also concerned about a one size fits all approach. If mediation is to be used in parking cases I would be surprised if they are resolved without payment of the full amount and so mediation in these cases is likely to be a tick box exercise resulting in an hour of extra time spent on each case.
Personal injury and unspecified money claims will not be included in the first rollout of these reforms, but the aim is to expand integrated mediation to all small claims at a later date.
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Read the full release here – https://lnkd.in/e6DwbHWH
For the Law Society Gazette report please go to:
This year we signed the United Nations Convention on International Settlement Agreements Resulting from Mediation (New York, 2018), which will bolster the UK’s £17.5 billion mediation sector and underscore our leading role in international commercial dispute resolution.[footnote 1] The Digital Markets, Competition and Consumers Bill will strengthen oversight of dispute resolution opportunities available to consumers; an initiative which would have been more constrained whilst in the EU.[footnote 2] The Renters (Reform) Bill will improve the dispute resolution process for tenants by requiring all private landlords to join the new Private Rented Sector Ombudsman scheme; we are exploring whether the new Ombudsman can offer mediation to private landlords through their member services too.[footnote 3] As set out in SEND and alternative provision improvement plan, we will explore mediation approaches to improve the experience of parents in special educational needs and disability disputes.[footnote 4] And the Government has consulted on ensuring the use of family mediation before parents enter a potentially long and adversarial court process.[footnote 5]
Our plans for Increasing the use of mediation in the civil justice system are another, fundamental contribution to this transformation in the way we resolve our disputes. I am enormously grateful for all the consultation responses received, the support for our vision, and the wealth of constructive suggestions on how best to implement our reforms.
Following this feedback, I am pleased to confirm the Government’s intention to fully integrate mediation into the court process for civil claims valued up to £10,000. We will aim to make mediation an essential step for all claims for specific amounts of money, which make up 80% of small claims, during this Parliament. To deliver this, we will build on the excellent Small Claims Mediation Service, run by HM Courts and Tribunals Service – a service that is free for all, and which already helps more than half of the people who come through its doors to reach a resolution within weeks of starting their case. We also remain committed to integrating mediation in the court journey for higher value civil claims, and I look forward to continued collaboration with the civil mediation sector as we plan and progress this policy.
These reforms are not about restricting people’s access to the courts, but about expanding their avenues to redress. The goal behind this change is not just a more efficient, effective, and sustainable justice system; it is swifter and better outcomes for the people who use it. Whether court users are individuals or businesses, whether their dispute is a conflict with a neighbour or a disagreement over the terms of a contract, the burden of litigation is significant. Where we can help reduce that burden by helping people to reach a mutually acceptable resolution, I believe that we should.
Lord Bellamy KC