CASE FILE — PROCEDURE
Mediation
Automatic referral to mediation is a procedural step on this track, not an optional courtesy.
What It Is
Once both parties file their directions questionnaire, the claim is automatically referred to the Small Claims Mediation Service — a free telephone mediation appointment run by HM Courts and Tribunals Service. A trained mediator speaks to each side separately, usually moving between them several times within the hour, working toward a settlement neither side is obliged to accept.
When Courts Expect It
Automatic referral applies to money claims — cases where the only remedy sought is a specified sum — allocated to the small claims track, under a pilot scheme (Practice Direction 51ZE) running from 22 May 2024 to 6 April 2027. Personal injury and road traffic accident claims fall outside the automatic referral pilot. Referral happens without either party requesting it: there is no separate application to make.
If You Refuse
Attendance at the mediation appointment is compulsory. Reaching a settlement is not. Non-attendance is not itself a bar to proceeding, but the court must consider at the final hearing whether a sanction is appropriate having regard to whether each party attended — this can affect the costs order made, and in some circumstances a claim can be struck out for non-attendance.
Free Mediation Service
The mediation appointment itself carries no additional fee beyond the court fee already paid to issue the claim. It is arranged by telephone, typically within four weeks of referral, and the process is designed to complete within the same window as the case would otherwise wait for a hearing date — it does not, in practice, add meaningful delay to a claim that proceeds to trial.