Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if he will make an assessment of the potential merits of giving judges in tribunals the power to order mandatory mediation.

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. A formal evaluation of integrated mediation will be published this summer and will inform decisions on any future expansion.

In the tribunals, where disputes are resolved without the need for a full hearing, this can reduce demand and capacity pressures. The Department recognises the potential benefits of mediation and will consider carefully the merits and potential impact of any further reform in tribunals to encourage this, while respecting judicial independence.

Further expansion of the use of mediation, would need to take into account the differing characteristics of individual tribunal jurisdictions and the interests of tribunal users. There are currently no further plans by the Government to assess the merits of making mediation mandatory or extending judicial powers to order mediation in the tribunals or to assess the impact of such measures on tribunal backlogs.