Consultations

Mediation Consultation in Civil Justice Deadline 4.10.22

The Ministry  of Justice is consulting on an expansion of mediation to civil claims under £10,000

Under the Government’s proposal, unless an exemption is granted by the court, all parties to a defended small claim (the phrase ‘parties’ includes both the ‘claimant’ and ‘defendant’ in a case) will be required to attend a free mediation appointment with HMCTS before their case can progress to a hearing.

The proposal says the MOJ is expected to help an additional 272,000 parties every year to access the opportunity to resolve their dispute consensually through mediation and avoid the time and cost of litigation. The Government also expects this to divert up to 20,000 cases each year from the court system, freeing up judicial resources to be used for complex cases.

The Government is also considering whether a requirement to mediate should be expanded beyond small claims.

The Government seeks views from court users, the mediation profession, the legal profession, the judiciary, the advice sector, and all those with an interest in the resolution of civil disputes.

Deadline is 4th October - access the consultation hub here Increasing the use of mediation in the civil justice system - Ministry of Justice - Citizen Space