Increasing the use of mediation in the civil justice system – a cautionary tale
Nicola Critchley of DWF looks at how the response to the Ministry of Justice’s proposal for automatic mediation in all Small Claims Track cases urges caution, warning that mandatory mediation could lead to unnecessary delays, increased costs, and inefficiencies—particularly where parties are already using effective ADR methods or require judicial decisions. It emphasises that while mediation has value, especially in disputes between unrepresented parties, justice would be better served by strengthening pre-action protocols, supporting voluntary mediation, and investing in judicial resources to reduce existing case backlogs.