MoJ announces consultation on increasing use of mediation in the civil justice system

We welcome the news that the MoJ has announced a consultation on increasing the use of mediation in the civil justice system.  The MoJ are proposing mandatory mediation for all defended small claims (claims under £10,000) in the County Court with a view to perhaps extending this requirement to all County Court claims in the future.  The MoJ are also seeking views on how to strengthen and support the civil mediation sector.

Although the mandation of mediation seems counter to its voluntary nature,  this might be necessary in order to bring parties to the mediation table - thereby giving them an early chance of settling their claim and avoiding the time and cost consequences that litigation entails. Of course, mandatory mediation does not mean that parties have to settle but that they have to attempt mediation. If they choose not to settle then the claim will continue in the court system as usual.

We will be responding to the consultation and welcome the views of our clients and users in formulating our response.  If you would like to give your view please email info@mediate.co.uk.