Compulsory Mediation To Be Implemented On All Small Claims

Engagement in meditation of small claims (up to a value of £10,000) has long been encouraged by the Courts. Actual engagement by litigants with the Court's free, Small Claim Mediation Service ("SCMS") has however, remained sporadic. This is set to change, however, following the Ministry of Justice's ("MoJ") announcement last week that mediation will become compulsory for civil claims valued up to £10,000 ("Small Claim").

What will change?

Presently, where a Small Claim issued in the County Court (or Money Claims Online) is defended, the parties are required to file a 'Directions Questionnaire'. Within the Directions Questionnaire the parties are invited to partake in mediation operated by the SCMS. Participation, however, is presently voluntary and the mediation will not go ahead unless both parties agree. In the MoJ's planned reforms mediation will become compulsory for all Small Claims. In addition to money claims, this will include claims over housing