Civil mediation for County Court and High Court disputes.
CMC and CEDR accredited barrister mediators for property, boundary, inheritance, TOLATA, personal injury and general civil claims across England and Wales.
Civil mediation is now the default expectation of the courts. Since the Court of Appeal's decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416, judges can order the parties to mediate, and refusing to engage in ADR without good reason regularly attracts costs sanctions under CPR Part 44 — even for the winning party at trial.
From May 2024, all defended small claims up to £10,000 in the County Court are automatically referred to the free HMCTS Small Claims Mediation Service. Above the small claims track, private mediation is the norm — and the sensible commercial route long before a trial window looms.
Clerk&Counsel arranges accredited mediators for property owners, private clients, executors, personal injury claimants, businesses and instructing solicitors. Every mediator on our panel is a practising civil barrister with trial experience of the same case types — so caucus is grounded in what will actually happen if the claim goes to court.
Civil disputes we cover.
- Property disputes — boundary, easement, restrictive covenant, adverse possession.
- Landlord and tenant disputes, including dilapidations and lease renewal.
- Inheritance and probate disputes, including Inheritance (Provision for Family and Dependants) Act 1975 claims.
- TOLATA claims — beneficial interest and occupation disputes between cohabitees.
- Personal injury and clinical negligence, including catastrophic and fatal accident claims.
- Professional negligence against solicitors, surveyors, financial advisers and accountants.
- Debt disputes above the small claims track.
- Neighbour, nuisance and Party Wall Act disputes.
How the courts treat parties who refuse to mediate.
The Civil Procedure Rules require parties to consider ADR before and during proceedings. The overriding objective (CPR 1.1) expressly refers to encouraging the parties to co-operate. The pre-action protocols require ADR to be considered before issue. And post-Churchill, judges can stay proceedings and compel the parties into a mediation.
The costs consequences of unreasonable refusal are set out in a long line of cases from Halsey v Milton Keynes to PGF II SA v OMFS. In practice, even a successful defendant who refused a reasonable invitation to mediate can find part of its costs disallowed.
How a civil mediation runs.
The mediator sends a short brief a fortnight out, setting exchange dates for position statements and any expert evidence. On the day, the mediator holds a short joint opening then moves into private caucus with each party. Most civil mediations settle within a single full day, with signed heads of terms turned into a Tomlin order in the following days.
Book a civil mediator before your costs budget blows out.
Send us the claim number (if issued), the dispute type, the amount in issue and your preferred window. Two or three suitable mediators, dates and a fixed fee — within one working day.
Common questions.
What is civil mediation?
Civil mediation is a confidential, without-prejudice process in which an independent mediator helps the parties to a civil claim negotiate a settlement. It applies to almost any dispute that would otherwise go through the County Court or High Court — property, boundary, inheritance, TOLATA, personal injury, debt, professional negligence and general contract disputes.
Is civil mediation compulsory?
Since May 2024 all defended small claims up to £10,000 are automatically referred to HMCTS mediation. Above the small claims track, mediation is not automatic but is strongly encouraged: the Court of Appeal in Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416 confirmed that judges can compel parties into ADR, and unreasonable refusal routinely attracts costs sanctions under CPR Part 44.
What happens during mediation in a civil case?
The mediator holds a short joint opening, then moves between the parties in private caucus — testing arguments, exploring interests, and carrying offers. Most civil mediations conclude in a single day with signed heads of terms. Where proceedings are already issued, the settlement is usually converted into a Tomlin order and filed at court.
Who pays for civil mediation?
The mediator's fee is usually split equally between the parties. Fixed per-party fees are quoted in advance and scale with the value and complexity of the claim — often a small fraction of the trial costs at risk.
Is a civil mediation agreement legally binding?
Yes. Once the written settlement agreement is signed at the end of the mediation it is a binding contract. In existing proceedings it is typically recorded as a Tomlin order, so either party can enforce the terms without starting fresh litigation.
How do I know a mediator is properly accredited?
Look for accreditation from the Civil Mediation Council (CMC) or CEDR, and check the CMC's public register. Every mediator on our panel holds current CMC or CEDR accreditation and is a practising barrister.