Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Cabinet Office:
To ask the Minister for the Cabinet Office, whether he has had recent discussions with relevant stakeholders on the introduction into Government procurement contracts of mandatory mediation in case of dispute.
Answered by Georgia Gould - Parliamentary Secretary (Cabinet Office)
The Cabinet Office has published three standard contracts for use by government departments, and many other public sector organisations, as part of their commercial activity. Mediation clauses are included in these contract templates as part of dispute resolution, but this provides for mediation where both parties agree to it. The Cabinet Office has not had any recent discussions with relevant stakeholders on the introduction of mandatory mediation clauses in Government contracts in case of disputes.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent discussions she has had with relevant stakeholders on the enforcement of third party litigation funding agreements following the PACCAR judgement.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Government recognises the critical role litigation funding plays in ensuring access to justice.
I have engaged with relevant stakeholders on the enforcement of third party litigation funding agreements and the wider market following the PACCAR judgment via my officials.
The Government is due to receive the Civil Justice Council’s (CJC) report on litigation funding in summer 2025, which will inform further decisions on policy and legislation. As part of their review, the CJC conducted a consultation with key stakeholders in relation to third party litigation funding.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, what discussions she has had with HMRC on the effectiveness of using mediation in tax disputes.
Answered by James Murray - Exchequer Secretary (HM Treasury)
HMRC’s Alternative Dispute Resolution (ADR) service can help in cases where there is a dispute. An HMRC mediator will work with the customer, their agent and the HMRC caseworker to explore points that might have been misunderstood and try and reach agreement on a way forward.
If a case is accepted into HMRC’s ADR process, it will typically incur no cost to the customer, unless they choose to be represented by an agent, or hire a mediator of their own choice to co-mediate. A mediator will aim to conclude the process within 4 months.
In 2024-25, of the cases accepted into the ADR process, 88.7% of these were resolved. This illustrates the benefit of ADR in appropriate cases in resolving and clarifying points to ensure both parties come to an agreement and prevent unnecessary litigation.
A key component of successful ADR is the collaboration of both parties to the dispute working towards an agreed outcome within the parameters of ensuring the correct tax at the correct time.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what discussions he has had with the Small Business Commissioner on the (a) awareness and (b) use of mediation in the small business sector.
Answered by Gareth Thomas - Parliamentary Under Secretary of State (Department for Business and Trade)
The department is working closely with The Small Business Commissioner (SBC) as we develop our proposals for the upcoming late payments consultation.
The Small Business Commissioners office continues to engage closely with businesses and stakeholders across the UK to raise awareness of the SBC service, which includes the role that the SBC can play in mediation between small businesses and their larger partners. Alongside mediation the SBC also conducts investigations into formal complaints of non-payments by large businesses and can provide additional support to small business as they try to deal with late payments.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether she has made an assessment of the potential merits of using mediation to facilitate an (a) easier and (b) speedier return to the workplace for people off work for (i) stress and (ii) mental health issues.
Answered by Alison McGovern - Minister of State (Department for Work and Pensions)
Employment Advisors in the jointly owned DWP-DHSC ‘Employment Advisors in NHS Talking Therapies programme’ provide advice and support to those suffering with stress and/ or mental health conditions to remain in or return to work. Though not formal mediation, this support often includes liaising with employers to communicate the support that their clients need in the workplace. Additionally, if the client wishes, Employment Advisors can also work with NHS Talking Therapies patients and their employers to support returns to work following mental health-related absences.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether she had made an assessment of the potential merits of the use of mandatory mediation in (a) group actions and (b) class action claims.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The merits of mediation are considerable. It offers parties a swifter and less costly way to resolve legal disputes and can save parties the time and cost of going to court, thus saving sitting days and reducing the court backlog.
The Government has no plans to consider mandatory mediation at this time but continues to explore opportunities to expand the use of dispute resolution across the civil justice system.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether she has made an assessment of the potential merits of reforming the grievance and complaints process in employment claims to mandate mediation.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Government has not made a decision to introduce mandatory mediation in Employment Tribunal claims. We are continuing to explore and assess the potential merits of options to utilise more mediation and alternative dispute resolution in the context of the forthcoming Employment Rights Bill.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what discussions she has had with relevant stakeholders on the expansion of mandatory mediation to higher value claims.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Ministry of Justice continues to engage with stakeholders to explore ways that Dispute Resolution can be used across various jurisdictions. No decision has been made to introduce mandatory mediation to higher value claims, and options to use different Dispute Resolution approaches remain open.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what discussions she has had with relevant stakeholders on the use of mediation in administrative justice claims.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
Administrative justice issues extend across a very broad range of diverse disputes and jurisdictions. The Government continues to engage with stakeholders on the use of Dispute Resolution across various jurisdictions.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps she is taking to encourage higher attendance rates at the Small Claims Mediation Service.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
Since the introduction of integrated mediation for small claims under £10,000 in the county courts in 2024, attendance at mediation appointments has been mandatory. As part of the litigation journey, parties are required to attend a free, one-hour mediation appointment with HMCTS’ Small Claims Mediation Service.
Where mediation is not successful, the case will progress to a court hearing.