The Association of Consumer Support Organisations (ACSO) has responded to the Ministry of Justice (MoJ) consultation on the increased use of mediation in the civil justice system and the proposals to introduce compulsory, automatic mediation with a court-appointed mediator in small claims disputes up to £10,000.
ACSO welcomes the MoJ's commitment to further ADR solutions and the introduction of compulsory mediation in small claims disputes up to £10,000 which, if implemented correctly, could help speed up resolutions for consumers, reduce costs for representatives and insurers and reduce court backlogs; all of which are significant issues within the civil justice system.
From a consumer perspective, however, a number of questions remain:
- What types of cases should be exempt from compulsory mediation?
- Should certain characteristics of an individual case give rise to an exemption from the requirement to attend mediation?
- What would be the proposed sanctions for non-compliance?
Finally, proposals must ensure protection for both vulnerable consumers and litigants in person, who often require more time and support from the courts to ensure equal access to justice.
ACSO members can read the full submission in the members' area of the website.