HM Courts & Tribunals Service (HMCTS) and the Ministry of Justice (MOJ) have announced that "For court cases filed from 22 May 2024, attending a mediation session will become an integrated, required step in resolving a money dispute under £10,000 for those who have made a new civil court claim on paper or through our traditional online systems."
Compulsory mediation will not immediately apply to claims issued through the OCMC, the announcement (which can be accessed here) going on to say that "Later this year, the new policy will be extended to cover all small money claims under £10,000, meaning that parties involved in claims submitted through our Online Civil Money Claims (OCMC) service – delivered as part of the HMCTS Reform Programme – will also need to attend a mediation appointment."
The process will be free of charge and conducted by telephone with appointments lasting up to an hour. The announcement notes that "there is no pressure to settle the case through mediation and if an agreement cannot be reached - the case will go before a judge." It is stated that 39 new mediators have been recruited and trained to provide this expanded mediation service.
HMCTS has also produced a Small Claims Mediation video, lasting two and a half minutes, which explains what can be expected from the service and gives more information about appointments: it can be accessed here.
We will be engaging with our clients to consider how these changes will impact on their business and case handling strategies and we are here to answer any queries that they may have.
