The Ministry of Justice (MoJ) continues its efforts to promote mediation as an alternative to litigation, aiming to alleviate the strain on the courts and reduce the associated costs and stress for involved parties. In 2021, the MoJ initiated a call for evidence to explore how technology and dispute resolution could enhance the justice system. This initiative sought stakeholder feedback on resolving family, business, and other civil disputes outside of court, setting the stage for future reforms in civil, family, and administrative justice. This has been reported on further in The Law Gazette.
The government’s mediation drive has since gained traction, leading to several key developments. For example, the Family Mediation Council (FMC) has endorsed the government’s commitment to encouraging early mediation for family law disputes. The FMC highlights the success of mediation in resolving disputes amicably and cost-effectively, noting that 69% of families using accredited mediators reach agreements without resorting to court (Family Mediation Council) (Family Mediation Ltd.).
Further reinforcing the push for mediation, the UK government introduced a pilot scheme offering £500 vouchers to support family mediation. This initiative, part of a £1 million scheme, aims to revive the use of mediation following a decline after the 2013 legal aid cuts. The government hopes that such financial incentives will make mediation a more accessible and attractive option for families (Family Mediation Ltd.) (Legal Futures).
The MoJ has also been proactive in promoting mediation for small civil claims. The new policy mandates automatic referral of civil disputes valued up to £10,000 to mediation, aiming to expedite access to justice and minimize litigation costs. This measure has garnered support from the Federation of Small Businesses and legal professionals, though there are concerns about its suitability for all types of small claims and the potential bureaucratic burden (Legal Futures).
Compliance with Transparency Rules
In a related development, the Bar Standards Board (BSB) has reported that nearly one in ten barristers’ chambers have failed to meet service and price transparency requirements. These rules, designed to improve consumer information and access to legal services, mandate that chambers clearly disclose their fees and services. The BSB’s findings underscore the ongoing challenge of ensuring compliance and the need for continued oversight and enforcement.