HMCTS opt out mediation evaluation
Evaluation conducted to understand the change from offering mediation on an opt in basis to an opt out basis within the new digital service for starting civil money claims (Online Civil Money Claims).
Applies to England and Wales
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HMCTS offers a Small Claims Mediation Service (SCMS) which is available for all defended civil claims allocated to the small claims track. This service provides users with a free one-hour telephone mediation appointment to attempt to settle their claim prior to a hearing.
As part of the HMCTS Reform Programme, the Online Civil Money Claims (OCMC) has been developed to provide a digital system for issuing and progressing civil money claims. In May 2021, the OCMC service piloted a new approach, to offer mediation appointments on an opt out basis, rather than both parties needing to opt into the service.
Our researchers carried out an evaluation to understand the change from offering mediation within OCMC from on an opt in basis to an opt out basis, and the experience of those going through the small claims’ mediation process.