New guidance has been published by HM Courts and Tribunal Service (“HMCTS”) in advance of the introduction of mandatory mediation in small claims cases. It follows the Government’s announcement last year that it would introduce compulsory mediation for all specified money claims under £10,000 which have been issued through the Part 7 procedure and allocated to the small claims track.

The changes mean that parties in such claims will now be required to attend a free, one-hour mediation session. HMCTS has confirmed that the implementation will come in two stages: for those claims issued on paper and through HMCTS’ ‘legacy’ traditional online systems (such as Money Claims Online), mediation will be obligatory from 22 May 2024. Those claims submitted through the Online Civil Money Claims will be subject to the new requirement at a later date that has yet to be announced. A new Practice Direction giving effect to these changes is expected to be published shortly.

HMCTS has published a video explaining what parties can expect from the mediation service, and more information about the changes can be found here.