Small Claims Mediation Service
The Small Claims Mediation Service is a FREE AND CONFIDENTIAL service for court users who are already involved in current defended small claims cases.
Since the launch of the Small Claims Mediation Service, trained mediators employed by HMCS have helped thousands of parties settle their disputes.
Using the Small Claims Mediation Service
If parties agree to use the Small Claims Mediation Service, the mediator makes contact with both parties, arranging an appointment at a mutually convenient time. The mediation appointment provides an opportunity for parties to discuss their issues in a less formal environment, resolve differences and agree a settlement.
For mediation to be successful there needs to be a degree of flexibility in both parties' positions and a willingness to listen and consider each other's positions and points of view. Mediation is a voluntary process and both parties need to consent to using the service.
Anyone who participates in a mediation appointment will need to agree to enter mediation in good faith with the aim of achieving settlement and, if acting for an organisation such as a company or partnership, that person must have the authority of that organisation to act on its behalf.
Settlements reached through mediation can be more flexible than those available to a Judge. There have been a number of innovative settlements, including donations to charity, apologies, a courtesy car during repair work, and re-activation of business contracts.
The mediation appointments are usually carried out by telephone, enabling parties to resolve their dispute without having to travel to court, saving time and expense. Where necessary, face-to-face appointments can usually be arranged. Whilst there is no time restriction, mediation appointments generally last about an hour.
If parties are unable to reach settlement at the mediation appointment, the case will be listed for a small claims hearing. As the mediation process is entirely confidential the judge will not be informed of the content of any discussions at mediation by the mediator.
Fees for court hearings
If a hearing date needs to be arranged for the judge to determine the case, the claimant (or a defendant with a counterclaim) will be asked by the court to pay a hearing fee. However, if you settle your case by mediation and the court receives notice in writing at least 7 days before the hearing date, the hearing fee will be refunded in full.
If you would like to take advantage of the Small Claims Mediation Service to try to resolve your dispute you should contact your local county court.
Staff will be happy to answer any queries about the service but are unable to provide legal advice.
If you have already issued or defended a small claim, please make sure you contact the Small Claims Mediation Service at the earliest opportunity to ensure any mediation takes place in good time.
If you have already used the Small Claims Mediation Service and wish to comment on the service, you can do so by completing the online survey.