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29 May 2024
Issue: 8073 / Categories: Legal News , Procedure & practice , Family , Divorce , Mediation
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Mediation compulsory for (almost) all

Parties in money claims up to the value of £10,000 must take part in a free one-hour mediation appointment, provided by HM Courts and Tribunals Service (HMCTS) Small Claims Mediation Service

Under measures introduced last week, parties who refuse mediation without good reason may be given a financial sanction or, in extreme circumstances, have their claim or defence dismissed by the judge, at the final hearing. Where parties have safeguarding concerns, such as domestic abuse or where there are vulnerable parties, mediation will not take place.

HMCTS has increased its mediators from 25 to 64. The county courts dealt with about 85,000 small money claims cases in 2022, with 20,000 of these cases opting for voluntary mediation resulting in more than half being settled.

Rebecca Clark, chair of the Civil Mediation Council, said: ‘Embedding mediation into the small claims process normalises a more conciliatory approach to dispute resolution.’

Law Society vice president Richard Atkinson welcomed the initiative but urged HMCTS to collect ‘as much data as possible’.

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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