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AnswersCourt, and what comes after

What is small claims mediation, and do I have to try it?

The short answer

Usually, yes. If your claim is for £10,000 or less and the other side disputes it1, you'll be told you must attend a free phone call of up to an hour, and need not agree to anything. Skipping it, or making no effort to reach a deal, can lead a judge to strike out your claim or make you pay all court costs, even if you win1. The rule is a pilot that runs to 6 April 20272.

The numbers

The numbers behind the call.

£10,000The largest claim where you're told you must attend, if the other side disputes it.13
1 hourThe most a call lasts. The mediator phones each side separately. It is free.1
April 2027When the pilot behind the rule is due to end, unless it is extended.2
55%Of 2021 mediations settled. Sampled claims, half by individuals, got just over half.5

What you can add

A £4,800 claim, and a £4,000 offer on the call

Say your invoice to another business was for £4,800 and fell due on 31 July 2026. You started a claim on 5 October 2026, 66 days late, and the company defended it. Interest is 8% over the Bank Rate10, which makes 11.75%11 for invoices that go late between 1 July and 31 December 2026. The sum assumes the judge orders the company to pay your court fees4 too. Before the call, add up what a full win at a hearing would bring, with interest counted to the day you started the claim.

  1. The invoice£4,800.00
  2. Interest: £4,800 × 11.75% ÷ 365 × 66 days8£101.98
  3. Fixed sum (invoices from £1,000 to £9,999.99)9£70.00
  4. Court fee to start the claim (claims of £3,000.01 to £5,000)7£205.00
  5. Hearing fee (small claims over £3,000)7£346.00
  6. A full win adds up to£5,522.98

On the call the company offers £4,000.00. That is £1,522.98 short of a full win, but you'd still have the £346.00 hearing fee to pay to get there, so the real gap is £1,176.98. A hearing means a median 41.0 weeks6 from claim to trial, with a judge free to find against you. Interest keeps growing at £1.55 a day after that date, which this sum leaves out.

The road ahead

Six steps. All free.

  1. Step 1: Check that it applies

    It covers a defended County Court claim for a fixed sum of £10,000 or less3, issued on or after 22 May 20242. Road traffic and personal injury claims are out.

    Cost: FreeTime: 5 minutes

  2. Step 2: Put the date in your diary

    The court gives you a date and time for a phone appointment1. You can bring someone, such as a friend or a solicitor. If a health condition, disability or safety worry means you need support, contact the mediation service before the date.

    Have your invoice and the company's defence to hand.

    Cost: FreeTime: 5 minutes

  3. Step 3: Decide your lowest figure first

    Add up a full win from the sum below, and the wait: the median from claim to trial in small claims was 41.0 weeks6 in April to June 2026. Then write down the lowest sum you'd take now, and why.

    Decide whether you'd take instalments, and on which dates. Mediators can't tell you what to settle for5, so the number has to be yours before the call.

    Cost: FreeTime: 30 minutes

  4. Step 4: Take the call

    The mediator phones each side separately1 for up to an hour and starts without the details of your claim5, so say what it is for in a sentence, then give your figure and your reason.

    It's a negotiation, not a hearing, so don't argue the law. You need not agree, but the judge can sanction you if you make no effort to reach an agreement1. Nothing said on the call can be mentioned in court1.

    Cost: FreeTime: Up to 1 hour

  5. Step 5: Agree it, or go to a hearing

    A deal made on the call is legally binding1, and you get the terms in writing. Note its dates: if money is late, you can ask for judgment for the unpaid balance, or a hearing of the full claim2.

    No deal means a hearing, and you won't wait longer for it1 for having tried.

    Cost: FreeTime: Same day

  6. Step 6: Missed it? Tell the court why

    Without the call you'll usually need a hearing instead, and the judge can sanction you1. At the hearing the court must consider whether a sanction is right2.

    Give your reason in your online account, if you have one, or at the hearing. The judge takes it into account.

    Cost: FreeTime: Before the hearing

The letter

The court books the call and writes up any deal, so there is nothing for you to send. Nothing said on the call can be mentioned in court.

When not to bother

When it isn't worth it

  • They have admitted the debt in writing and only the date is argued. Still attend, but don't trade the amount down. Ask for dated instalments, and read what happens after a defence for taking judgment on what they admit.
  • The dispute is a point of law worth a judge's ruling. Still attend, because skipping risks a sanction, but there is no obligation to settle5.
  • The company has no money. A deal is a promise of money it may not have, so read is it worth suing a company that has no money before you cut your claim.
  • Your claim is over £10,000. Then you're not told you must attend. The court may offer it and both sides must agree1, or you can pay an independent mediator a fixed fee.
  • The claim is in Scotland or Northern Ireland. This is the scheme in the County Court of England and Wales; those courts have their own routes.

The Wolf's note

An hour on the phone costs nothing, and skipping it is the one move here that can cost you the claim. Go in with one number you would take and one date you need it paid by. The mediator can't choose for you, so the choosing happens before the call.

Mr. Wolf · the AI inside WolfX

What comes next

Your next move

All 153 answers
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