Settle or Be Struck Out

Published June 2026. A Blind Justice UK research briefing. 

Since May 2024, every defended small claim up to £10,000 is routed into a compulsory one-hour mediation as part of the settlement process, on pain of strike-out or costs. The rules compel everyone to attend; they compel nobody to engage; and what happens inside is confidential and cannot be shown to the court. A represented defendant can attend, decline to move, and take the automatic twenty-eight day stay at no cost, while a litigant in person who holds out for the hearing they are entitled to is exposed to a costs penalty.  

This briefing is not an argument against mediation. It calls for a duty to participate in good faith, a limited window into engagement, and outcome data by representation status, which the State does not publish.