Mediation
A form of alternative dispute resolution where an independent, trained mediator helps two parties reach a voluntary agreement. Unlike a court or ombudsman, the mediator does not make a decision — both parties must agree to the outcome. Mediation is now compulsory for most small claims in the county court (from May 2024) and is widely used in family, employment, and neighbour disputes.
From May 2024, the HMCTS Small Claims Mediation Service provides free, mandatory telephone mediation for most defended small claims (money claims under £10,000). The mediation session lasts up to one hour and is conducted by telephone. If an agreement is reached, it is recorded as a consent order. If no agreement is reached, the case proceeds to a hearing. In family proceedings, a Mediation Information and Assessment Meeting (MIAM) is required before most applications to the court. A court can penalise a party in costs who unreasonably refuses to attempt mediation in any type of civil claim. Commercially, civil mediation typically costs several hundred to several thousand pounds per party for a full-day session, depending on the mediator and value of the dispute. ACAS Early Conciliation is a free form of employment mediation that must be attempted before bringing a tribunal claim.