As we all know, small claims and eviction courts are overburdened and underfunded in the UK.
Meanwhile, 88-92% of all cases resolve before trial.
Many of these resolutions occur just before trial in the courtroom hallway before anyone has seen a judge. When this happens, landlords find themselves wondering why the outcome wasn’t reached sooner.
Since 25th July 2023, mediation has been mandatory for small claims, with judges ushering parties off to court appointed mediation services, to reach a solution and free up the court for other business.
Finding the route to resolution is the job of a professional mediator and can be done long before any legal process is started
Mediation is a voluntary process in which people hire a neutral professional, the mediator, to facilitate a mutually beneficial, legally-binding resolution to their dispute.
Put plainly, it’s a negotiation between you and your tenant with the assistance of a professional negotiator.
You control almost every decision along the way: one-on-one conversations or everyone discussing at once; a single sitting or over a period of time (i.e., “synchronous” v. “asynchronous”); in-person or by video chat/phone/email; and you craft your own resolution.
You know what your interests are, so you are in control.
Potentially the biggest benefit of mediation, compared to court, is that all risk of losing at trial is eliminated.
Every party, in every court case, has a chance of losing—no matter what the facts are (or how sure the solicitor is in the case).
The problem is, unlike expensive cases, trials for landlord-tenant cases last about 10 minutes. And the outcome is at the judge’s discretion in many cases, which very well could hinge on the current mood of the particular judge.
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