On 28 July the MoJ/HMCTS went live with reforms to the OCMC to bring all claims under a value of £10,000 (excluding motor personal injury claims) within the mandatory mediation framework. One week on from the reforms we share further key takeaways from a MoJ/HMCTS stakeholder call held on 31 July, which provided helpful operational clarifications on the new process.
Key clarifications from MoJ/HMCTS
- Mediation is compulsory
Even where parties believe mediation will not be productive (e.g. liability is firmly denied or fraud alleged), attendance remains mandatory. However, parties may use the session strategically - for example, to clarify issues or test the opponent’s case. This applies to all in-scope claims under £10,000, including those involving credit hire and allegations of fraud. - Appointment and format
-Appointments are auto-generated post-Directions Questionnaire (DQ) via the OCMC system.
-Mediations are conducted via telephone over a two-hour window (actual discussions typically last no more than one hour).
-There is no joint call – the mediator speaks to each party separately.
-Legal representatives can attend alone – claimants and defendants do not need to be present. - Mediation service capacity
-Approximately 70 trained mediators now in place, conducting circa 300 mediations per day.
-Current wait time from DQ to mediation is 3.8 weeks (target: 28 days). - Settlement agreements and enforcement
-If settlement is reached, the mediator drafts a legally binding agreement, and the matter is stayed.
-However, if a party breaches the terms, an application is required to lift the stay and seek judgment – current reports suggest delays of up to 12 weeks in dealing with such orders.
Fraud and credit hire: included for now
Clients have asked whether fraud or credit hire cases are excluded from the mediation scheme. The current position is that they are not. HHJ Ranson has indicated a strong judicial steer in favour of mediation across all eligible claims, regardless of complexity or contention. This may evolve with future rule changes, but parties should currently prepare for mediation even where fraud is alleged.
Operational tips
- Ensure legal representatives are fully briefed with settlement parameters.
- No documents need to be filed in advance - mediators rely on statements of case and case files within the OCMC.
- If a party is uncontactable, the mediator will attempt three follow-up calls and send a text message.
Settlement rates
- Settlement rate currently sits at around 35%, though MoJ/HMCTS hope this will increase as users become more familiar with the process.
Outstanding issues
We continue to engage with HMCTS on:
- Delays in enforcement where mediation agreements are breached.
- Whether claims involving counterclaims will remain excluded from OCMC (and mediation).
- Filtering tools in OCMC to identify mediation status in bulk claims handling.
- Acceptance of insurer-signed statements of truth in paper-based claims.
We will share further updates as operational practices and rules continue to evolve.
If you have questions or would like support, please contact:
Gavin Miller
Matthew Christopher
Natalie Larnder
