Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if he will take steps to ensure that parties who are referred to the Small Claims Automatic Referral to Mediation pilot actively engage in the process.

The Government recognises the value of mediation in helping parties to resolve disputes more swiftly and consensually. Since integrated mediation was introduced for county court small claims under £10,000 in 2024, parties have been required, as part of the litigation process, to attend a free, one-hour appointment with HMCTS’ Small Claims Mediation Service.

HMCTS supports this by issuing guidance to parties and writing to them in advance of their appointment with practical information about the mediation process, including relevant contact details. Judges also retain discretion to apply sanctions where a party fails to engage appropriately.