How to Prepare for Small Claims Mediation

Understand the appointment

Mediation gives the parties an opportunity to reach an agreement with an impartial mediator's help. GOV.UK explains that disputed money claims of £10,000 or less are directed to free court mediation. HMCTS appointments normally take place by telephone, with the mediator speaking to the parties separately. Check the notice and any applicable court directions.^[1]

Do not delay complying with any court deadline while awaiting a response from PETERLEX.

Prepare a short case summary

Write down the agreement, what went wrong, the amount in dispute and the outcome you want. Identify the main disputed points and the evidence behind them. You do not need to recite every email. Keep the summary short enough to explain without losing the sequence of events.

Prepare a separate calculation. Check payments, credits and any figures you intend to discuss. If a proposal involves instalments, consider what is realistically affordable or acceptable and how the dates would work. A proposal should be clear enough for the other party to understand and for you to carry out.

Think about possible terms

Money may be only part of the solution. A discussion might concern return of goods, a practical completion date or how a particular issue will be closed. Consider which matters need to be stated expressly. If you attend for a company, confirm who is authorised to make the decision and ensure that person is available.

Ask questions about what a proposed agreement would cover, when performance is due and what happens if it is not carried out. GOV.UK states that the agreement reached through the appointment is legally binding, so do not agree to words you have not understood.^[1]

Arrange the practical details

Use a quiet place, a charged phone and a reliable connection. Have your case number, chronology and key records available. Contact the service in advance if you need disability-related support, have a safety concern or need clarification about attendance. Treat the appointment as a scheduled commitment and notify the service promptly if a genuine problem arises.

If the court has required mediation, missing the appointment or failing to make an effort can lead to sanctions. Follow the actual instructions. Attendance does not oblige you to accept unsuitable terms. If no agreement is reached, continue preparing for the court's next steps.^[1]

Common mistakes

• Treating mediation as an opportunity to attack the other party.
• Discussing a figure without checking the underlying calculation.
• Agreeing to a deadline or instalment plan you cannot meet.
• Assuming negotiations cancel existing procedural deadlines.

When to obtain legal advice

Seek advice where settlement involves unclear releases, several parties, a guarantee or obligations beyond the immediate claim. PETERLEX can support practical preparation within an agreed scope; it does not promise a settlement or determine your legal position.

Take the next step

Explore MEDIATION AND HEARING PREPARATION SUPPORT for practical help preparing your records and questions.

Frequently asked questions

Official sources

1. GOV.UK, Resolve the claim through mediation
2. Civil Procedure Rules, Part 27