HM Courts and Tribunals Service (HMCTS) has reported that from 22 May 2024, the use of mediation will be made compulsory for all parties who issue a civil claim for less than £10,000. This will include a free, one-hour mediation session conducted by a trained mediator. The procedural change will apply to all new claims made on paper and through HMCTS's ‘legacy’ systems, including Money Claims Online and Secure Data Transfer. It was however confirmed that this requirement will not apply to cases made through the Online Civil Money Claims (OCMC) service until later in 2024.

a hybrid, two-stage ADR process where the parties agree to give the mediator power to convert automatically to being an arbitrator and make a legally binding award if the mediation fails to result in settlement. The arbitration phase of the process will be legally binding, and the arbitrator’s award is enforceable

ARCHIVED: This archived Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial disputes. It is not maintained and is for background information only. For information on alternative dispute resolution (ADR) in general, see: ADR and dispute resolution clauses—overview. For information on mediation, see: Mediation—overview. Med-arb is suitable for resolving a wide range of commercial disputes. It is appropriate, for example, for resolving international or cross-border disputes in the construction, energy and infrastructure sectors. What is med-arb? Med-arb is a hybrid, two-stage ADR process. It usually involves the parties agreeing to grant a mediator power to convert automatically to being an arbitrator, and to make a legally binding arbitral award, if the mediation fails to result in a settlement of the relevant dispute. The arbitration phase of the process will be legally binding, and the arbitrator’s award will be enforceable like an award rendered in standard arbitration proceedings, which is usually advantageous. There is a range of possible variants to the med-arb process, including having both a mediator and arbitrator

This Practice Note sets out the key differences between, and likely advantages and disadvantages of, the mediation process as compared to litigation in England and Wales. What is mediation? Mediation is one of the most commonly recognised and used forms of alternative dispute resolution (ADR). Mediation is a confidential process which involves an independent third party (the mediator) who seeks to assist the parties to come to an agreement to resolve their dispute. For an overview of the mediation process, see: Mediation—overview. The Ministry of Justice published a ‘guide to a civil mediation’ in July 2021 which provides information about the benefits of civil mediation and how to find a mediator. Why consider mediation? There are many reasons why seeking to settle a dispute may be appropriate, ranging from preservation of a commercial relationship between the parties, minimising litigation cost and time and maintaining confidentiality surrounding a dispute. For general information on settling disputes, see Practice Note: Settling disputes—what, when and why settle? Therefore, when advising a client at the outset of a dispute, it is important

In readiness for the mediation, it is usual for the parties to prepare a number of documents which are to be provided to the mediator (and all parties) prior to the mediation in accordance with the timetable agreed between the parties. It is common for the parties to prepare a case summary to assist the mediator and to focus the mediation. The case summary may be complemented by supporting documents as required in the mediation agreement. For information on the mediation agreement, see Practice Note: Organising a mediation. Case summary for mediation Each party will prepare their own case summary prior to the start of the mediation. This summary should: • provide the mediator with an overview of the issues in the case and where any negotiations have got to • set out your case in the best light for the other party to consider • be drafted with the aim of assisting the negotiation; it is not a submission for the court You should concentrate on clarity and brevity. The case summary is

This Practice Note considers the concepts of confidentiality and without prejudice protection in the context of a mediation. The confidential nature of mediation is an important aspect of the process and prevents the parties from sharing information connected with the mediation outside the mediation process without the consent of the parties. Most mediation agreements will include a clause dealing with confidentiality. For further information, see: Confidentiality of the mediation process. Communications that take place as part of a mediation will also usually be protected by the ‘without prejudice’ rule which provides that communications relating to genuine settlement negotiations cannot be referred to or relied on in subsequent court proceedings, subject to certain exceptions. As stated in Pentagon Food Group v B Cadman, ‘the contractual and formal context of mediation means that it is a particularly clear…example of ‘without prejudice privilege’, which can be ‘enhanced by the parties' mediation contract and conduct by the imposition of superadded duties of confidentiality’. However, the existence of a confidentiality clause will not prevent the court

This Practice Note sets out the features of mediation, the cases in which it will be most appropriate and the advantages of the mediation process. What is mediation? Mediation is a process by which an independent qualified mediator works with a couple to help them come to a mutual agreement. Some practical points to consider at the outset are: • lawyer or non-lawyer—it is helpful to discuss with the client when approaching a mediation whether they would prefer to appoint a lawyer or non-lawyer mediator and what the rationale for the decision is—some clients take the view that they would prefer children disputes, such as issues of residence and contact, to be mediated by a non-lawyer (often a therapist or social worker) and financial matters by a lawyer, however this is a case-by-case decision and should be considered carefully • the nature of the dispute—consideration must be given at an early stage as to the appropriate mediator to instruct and the issues to be mediated, eg children matters, finances or both will influence that decision

This Practice Note considers how to prepare an opening presentation for a mediation. It is suitable for a complex dispute where the mediation is likely to last at least a full day. If you are preparing for a shorter mediation, then you may want to prepare a presentation which is much simpler and will only last for a few minutes. The points in this note will still be of use to provide guidance on how to prepare the presentation for maximum impact. The opening presentations will be made by each party in a joint meeting at the beginning of the mediation. For further detail of how a mediation may progress, see Practice Note: Stages of the mediation. Prior to the mediation Prior to the mediation, you will need to ensure that you discuss in detail with your client: • how the mediation will progress with the different stages, including when the opening presentation will be given—see Practice Note: Stages of the mediation, and • who should make the presentation—see: Who makes the opening presentation? Aim of opening

This Practice Note details the process of mediation and issues to be considered by the parties' solicitors prior to, during and after the mediation process. It considers preliminary information, the intake session, a memorandum of understanding and the involvement of third parties in mediation and includes a glossary of commonly used terms and their meaning. How the mediation process works The general process for mediation is: • the clients choose mediation and decide what type of mediator they wish to instruct and the type of mediation model they wish to undertake—see Practice Note: Mediation—introduction • the parties approach a mediator (potentially via their own lawyers) who then engages with the couple by way of a three-way email setting out how they propose to undertake the mediation • often the mediator will send a preliminary information form (see Precedent: Mediation preliminary information form BFLS 6E [21003]) to the parties for them to complete and return—this is the only confidential document in the mediation and it allows the parties to set out their own individual views of the elements

A mediator is a neutral third party who helps disputing parties negotiate a settlement, without imposing a decision. Mediation is a core form of alternative dispute resolution (ADR) in civil, commercial, workplace, family and community disputes across England and Wales, Scotland, Northern Ireland and Ireland, and “mediator” is a descriptive term rather than one with a single, uniform statutory definition. A mediator facilitates communication, identifies issues in dispute, explores options and assists parties to reach a voluntary, confidential agreement. They do not act as a judge or arbitrator, give binding rulings or usually provide legal advice. Their role and powers are governed principally by the mediation agreement, relevant court rules (for example, the Civil Procedure Rules and equivalent rules in the devolved UK jurisdictions and Ireland) and any applicable mediation codes of practice or accreditation standards. In family and workplace mediation, additional regulatory frameworks and professional standards apply, and in some contexts (such as family mediation in England and Wales) mediators must meet specific accreditation requirements. Usage of the term “mediator” is broadly consistent across the UK and Ireland, although procedural rules and professional regulation differ between jurisdictions.

Medical Justice has outlined the Home Office’s proposals to amend the current policy protecting vulnerable detainees, proposing a move from the present Adults at Risk system to one based on an ‘evidence of needs’ approach, named the ‘Assessing Detention for Vulnerable People policy’. Medical Justice reports that this change would restrict the circumstances under which a Rule 35 report is initiated by detention centre doctors, thereby potentially reducing the scope of intervention designed to identify and safeguard those at heightened risk of harm while in detention. They note that presently, Rule 35 reports are completed in circumstances where a detained person’s health is likely to be adversely affected, where self-harm or suicidal intentions are suspected or where there is evidence of past torture. Medical justice remarks that the proposed revision would confine these reports to instances when a doctor deems that a detainee’s needs may not be met in detention, a threshold that is significantly higher than the current criteria. They report that such a revision could delay the identification and timely management of serious health and safety risks, thus exacerbating the deterioration of vulnerable individuals’ conditions until their needs become unmanageable in detention.

Any instrument, apparatus, appliance, software, implant, reagent, material or other article intended by the manufacturer to be used, alone or in combination, for human beings for a medical purpose, and which does not achieve its principal intended action by pharmacological, immunological or metabolic means, in or on the human body.