Small claims mediation service

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Small claims mediation service
  • What is the Mediation Service?
  • The Small Claims Mediation Service—CPR 26.4A and CPR 26.5(2A)
  • When will the Mediation Service be used?
  • Mediation Service and Online Civil Money Claims pilot scheme—CPR PD 51R
  • How will the Mediation Service work in practice?
  • What happens if the mediation is successful?
  • What happens if the mediation is unsuccessful?

Small claims mediation service

What is the Mediation Service?

The Mediation Service is defined in CPR 26.4A(3) as meaning the Small Claims Mediation Service. This is a service operated by Her Majesty’s Courts and Tribunals Service. The Mediation Service provides free mediations for small claims and parties should therefore be attracted to the service as this will save the cost of trial fees should the matter settle through the mediation.

HMCTS has provided a guidance note for users, see Form EX730.

The service operates throughout England and Wales, following two earlier extensive pilot schemes on which see (historical) Practice Note: Mediation service pilot scheme [Archived].

See also the report of the Civil Justice Council with regard to the role of mediation in the resolution of small claims, with particular reference to the small claims mediation service and issues of resource. See: LNB News 03/06/2021 55—CJC publishes interim report on small claims.

The Small Claims Mediation Service—CPR 26.4A and CPR 26.5(2A)

The CPR provisions for Small Claims Mediation Service are set out in CPR 26.4A as follows:

'26.4A.

(1) This rule applies to claims started in the County Court which would normally be allocated to the small claims track pursuant to rule 26.6.

(2) This rule does not apply to—

(a) road traffic accident, personal injury or housing disrepair claims; or

(b) any claim in which any party to the proceedings does not agree to referral to

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