England and Wales Commercial Mediation: Compare Court and Private Routes

Compare mediation routes by status, value and support

For an England-and-Wales money claim filed through an eligible route and worth £10,000 or less, compare the free HMCTS service first.[1][6] For a civil or commercial dispute under £50,000, the Civil Mediation Council’s fixed-fee scheme is another option.[1] Private providers such as CEDR, Saunders Law and Clarke Willmott cover specialist, complex or solicitor-supported work.[2][3][5]

HMCTS Small Claims Mediation Service

Eligibility and scope: Current GOV.UK guidance says a disputed money claim of £10,000 or less must go through the free court-organised mediation service. Follow the appointment instructions for the actual case. For claims above that amount, the court may offer mediation or the parties can use an independent service.[6]

Service model: A trained mediator speaks to each party separately by telephone to explore settlement. Parties must participate in applicable claims but are not required to settle.[6]

Fees: The service is free of charge.[1][6]

Civil Mediation Council fixed-fee scheme and directory

Eligibility and scope: The fixed-fee scheme covers civil or commercial disputes under £50,000.[1]

Service model: The CMC also provides a searchable directory of mediators and providers. Registered mediators are described as trained to accepted standards, insured, subject to a Code of Conduct and connected to a complaints process.[1][4]

Fees: The CMC scheme lists per-party charges of £75 plus VAT for one hour, or £125 plus VAT for two hours, for claims of £5,000 or less. The next published bands are £320 plus VAT for three hours (£5,000–£15,000) and £445 plus VAT for four hours (£15,000–£50,000); additional hours cost £100 plus VAT per party. At overlapping band boundaries, confirm the applicable quote with the mediator. Check preparation time, cancellation terms and whether a free court appointment is available first.[7]

CEDR

Eligibility and scope: CEDR offers commercial and workplace mediation, commercial ADR and bespoke complaint-resolution schemes, including services for complex, multi-party and regulated environments.[2]

Service model: Its services include mediator selection and conflict-resolution consultancy. CEDR says it is approved by Ofcom and the CMC.[2]

Fees: CEDR’s homepage does not list commercial-mediation prices, value limits, appointment length or cancellation terms, so ask for a written quote; the training prices it shows are not mediation fees.[2]

Saunders Law

Eligibility and scope: Saunders provides legal support for contract, company, debt-recovery, professional-negligence and reputation disputes. It says many client disputes exceed £100,000.[3]

Service model: Its litigation solicitors advise and represent a party and may attend the mediation. This differs from appointing only an independent mediator.[3]

Fees: The firm offers a free, no-obligation initial discussion and says it discloses its legal-support costs and mediator fees, but its mediation page does not state exact fees, minimum terms or cancellation charges.[3]

Clarke Willmott

Eligibility and scope: Its specialist mediators cover contract, shareholder and director, financial-services, agricultural, professional-negligence and property disputes.[5]

Service model: The parties jointly engage an independent, impartial mediator. A neutral venue at the firm’s offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton or Taunton is offered at no additional cost.[5]

Fees: The venue commitment is published, but mediator fees, value limits, appointment times and cancellation and refund terms are not.[5]

When participation is required

Whether mediation is required depends on the court process or any existing contractual dispute-resolution clause.

• Qualifying HMCTS claim: Participation is required for claims covered by the HMCTS policy, but neither party is compelled to settle. If no agreement is reached, the claim proceeds before a judge.[6]
• Other commercial disputes: Check current court directions and any contractual ADR clause before assuming attendance is optional. Confirm the procedure with the solicitor responsible for the case.
• Contractual ADR clause: Saunders says a clause may require mediation before litigation or arbitration, and that failure to follow it may lead to a stay and potential wasted-cost consequences.[3]

What happens if mediation succeeds or fails

Civil mediation generally proceeds on confidential and without-prejudice terms. Confirm the agreement, legal exceptions and any disclosure obligations with your adviser before sharing sensitive material; confidentiality should not be described as absolute.[1]

If the parties settle, a signed settlement agreement is a legally binding contract. Where proceedings have begun, the agreement may also be recorded by consent in a consent order or Tomlin order.[1]

The mediator facilitates negotiation but does not advise either party, decide the dispute or impose an outcome.[1]

Choose a mediator alone or add solicitors

A neutral mediator may be sufficient where the parties can assess their own legal and commercial positions and negotiate without representation. The mediator remains impartial rather than protecting either party’s interests.[1]

For a complex or high-value dispute, separate litigation solicitors can advise on legal rights, represent a party during mediation and help assess settlement terms. Saunders provides this type of support and says its lawyers may attend mediation with clients.[3]

Clarke Willmott illustrates the separate neutral role: its mediator is jointly engaged by the parties and acts independently and impartially without judging or taking sides.[5]

What to confirm with each provider

Outside qualifying HMCTS claims, civil-mediation fees depend on the dispute’s type and complexity and should be requested in advance. The parties typically pay equal shares, but this should be confirmed for the particular appointment.[1]

Request a written quotation and appointment terms covering:

• the mediator’s fee and whether VAT is included or added;
• preparation time and mediation hours included;
• venue, technology and travel charges;
• overrun rates and additional sessions;
• how payment is divided between the parties;
• rescheduling, cancellation and refund terms;
• the named mediator’s relevant experience, insurance and professional registration;
• the complaints process;
• whether mediation will be online, by telephone or in person; and
• deadlines for position statements and supporting documents.

Keep the neutral mediator’s charge separate from the fees of any solicitor advising or representing one party.

Jurisdiction limits

This comparison concerns England and Wales. Scotland and Northern Ireland have separate court processes; confirm local eligibility, appointment rules and charges rather than applying these thresholds automatically.

References

1. A guide to civil mediation – GOV.UK (gov.uk)
2. Trusted Partners in Commercial Mediation and Conflict Resolution | CEDR (cedr.com)
3. Commercial Mediation Services – Saunders Law (saunders.co.uk)
4. Civil Mediation Council — The No. 1 information resource for civil, commercial and workplace mediation in England and Wales (civilmediation.org)
5. Commercial Mediation & Dispute Resolution – Clarke Willmott Solicitors (clarkewillmott.com)
6. Mediation — GOV.UK money claims (gov.uk)
7. Fixed Fee Mediation Scheme — Civil Mediation Council (civilmediation.org)