Respond to a court claim for money
Resolve the claim through mediation
Mediation is when an impartial professional (the mediator) helps both sides work out an agreement. It’s confidential and usually quicker and cheaper than going to court.
The court may offer you meditation or tell you to attend it if you dispute the claim. You can also arrange independent mediation yourself.
Mediation organised by the court
The court will organise mediation if you’re disputing a claim of £10,000 or less. This service is free.
Mediation is optional for some claims made online. It’s compulsory for other online claims or applications made by post. You’ll be told if you need to attend mediation.
If both sides agree to mediation, a mediator from HM Courts and Tribunal Service (HMCTS) will speak to you separately by phone to help you to explore options, negotiate and agree a settlement.
If mediation is compulsory for your application, the judge can sanction you if you do not attend or make an effort to reach an agreement. Sanctions can include your case being dismissed (‘struck out’) or having to pay all court costs even if you win.
The mediation appointment
Once both sides have agreed to mediation, you’ll be given a date and time for your telephone appointment. The appointment will last up to one hour.
You can bring someone with you to mediation. For example, a trusted friend, relative, or a solicitor.
Contact the small claims mediation service if you have questions about the claim or your appointment. Include your claim number with your query, if you have one.
Small claims mediation service
scmreferrals@justice.gov.uk
Telephone: 0300 123 4593
Monday to Friday, 9am to 5pm
Find out about call charges
Independent mediation
You can get mediation from an independent mediator for a claim of any amount. There’s a fixed fee for this service.
If the claim is for £10,000 or less, you may also have to attend court mediation if independent mediation is unsuccessful.
If you reach an agreement
You’ll make a verbal agreement at the mediation appointment. This is legally binding which means that you must follow it. You’ll be given the terms of the agreement in a document – this is called a settlement agreement.
If either side breaks the terms, then the other side can go to court to ask for a judgment or hearing.
If you do not reach an agreement
You’ll have to attend a court hearing.
You cannot mention what happened during the mediation appointment in court.
You will not have to wait longer for a court hearing if you go to mediation first.