Source · Select Committees · Justice Committee
Recommendation 36
36
Accepted
Mediation demonstrates early success as a viable, quicker out-of-court route in County Court
Conclusion
Mediation is a viable out of court route with early signs of success in the County Court. It offers claimants a quicker route to seeking justice, one not beset by delays or missing files. (Conclusion, Paragraph 146)
Government Response Summary
The government accepts the conclusion, noting that a pilot for mandatory small claims mediation is in place until May 2026 and will be evaluated to inform decisions on its extension or expansion to other claim types.
Government Response
Accepted
HM Government
Accepted
Accept. Practice Direction 51ZE of the Civil Procedure Rules establishes a pilot which mandates that the majority of small monetary claims under the value to £10,000 be automatically referred to HMCTS’ Small Claims Mediation Service. The pilot runs until May 2026. There will be an evaluation and a review of the Practice Direction by the Ministry of Justice and the Civil Procedure Rule Committee. The Ministry of Justice, working with HMCTS, will use the lessons from the review to inform decisions on extension of the pilot, and any further expansion of mandatory mediation to other claim types.