Extension of Mandatory Mediation for Motor Claims Under £10,000

As of yesterday’s go-live date, the scope of mandatory mediation within the Online Civil Money Claims (OCMC) platform has been extended to cover all motor claims valued under £10,000, excluding motor personal injury claims.

Following this change, the updated Practice Direction has now been published and can be accessed here.

Key Changes to the Practice Direction

The amendments are minimal. The term “RTA claim” has been removed from Rules 6.2 and 6.3, enabling motor non-personal injury claims under £10,000 to fall within the mediation scheme.

We understand that claims involving a counterclaim will remain outside the scope of OCMC and therefore outside the mandatory mediation process. These cases will follow the traditional paper-based route.

Mediation Process: What to Expect

For in-scope motor claims proceeding via the OCMC platform:

• Mediation will be conducted via a two-hour telephone relay between the parties and the mediator.
• There is no requirement for the claimant, defendant, or insurer to attend personally. Legal representatives may attend on their behalf.
• It is essential that your representative is equipped with clear settlement parameters in advance, as the mediator will act as a facilitator - narrowing issues and assisting with resolution - but will not provide a view on merits or value.
• Mediation will apply to all aspects of the claim which is in dispute – liability and quantum.

Outstanding Questions for MoJ/HMCTS

We continue to engage with the Ministry of Justice and HMCTS on several points of clarification and will raise the following in upcoming calls:

1. How many additional claims have entered the mediation process since implementation?
2. What contingency measures are in place to manage any potential backlog?
3. Will users be able to filter case lists by mediation status to improve case tracking?
4. Will court staff accept insurer-signed statements of truth on paper claims, and how should these be labelled?
5. What is the anticipated impact on claims involving allegations of fraud?

Summary Table: When Does Mediation Apply?

You can also access our current Q&A on OCMC and DCP here, which addresses other common queries.

We will continue to monitor the implementation and share further updates as the reforms bed in.

For further information, please contact:

Gavin Miller 

Matthew Christopher

Natalie Larnder