Is Mediation Going To Become Compulsory For Small Claims?

The latest set of government statistics released in December 2022 shows that on average, it is now taking nearly a full year for a small claim track to reach trial after it has been issued.

Clearly, timeframes will differ from County Court to County Court, but it is small claims (of under £3,000) that take up around 80% of all newly issued claims in the County Court, leading to further delays for these claims to reach trial if the parties cannot settle their dispute.

This upward trend in the time taken to reach trial in small claims cases has led the government to consider the introduction of compulsory mediation in small claims cases.

At present, once a claim is defended and allocated to the small claims track, the parties are invited (on the Directions Questionnaire) to state whether they are prepared to mediate the dispute via the small claims mediation service (SCMS). Obviously, for a mediation to take place, it requires the consent of both parties and at