Simon Garrod examines the benefits of mediation in small claims

In its recent consultation into the use of mediation in the civil justice system, the Ministry of Justice (MoJ) proposed a requirement to attempt mediation for all proceedings allocated to the small claims track in the county courts. Continued failure to comply could result in a judge making an adverse costs order or striking out a party’s claim or defence.

The plans to introduce compulsory mediation for claims valued up to £10,000 recognise the benefits mediation can bring by reducing the volume of civil cases being taken to court as well as providing parties with a lower cost, less complex and faster route to resolution.

Broadly speaking, the expansion of mediation services will be welcomed by lawyers working in...

This article is part of a subscription-based access, to continue reading, please contact your library