Written questions by Smith.

If he will make an assessment of the potential merits of introducing mandatory mediation within the tribunals system.

The Government recognises the value of mediation in helping parties to resolve disputes more swiftly and consensually. Since integrated mediation was introduced for county court small claims under £10,000 in 2024, parties have been required, as part of the litigation process, to attend a free, one-hour appointment with HMCTS’ Small Claims Mediation Service. A formal evaluation of integrated mediation will be published this summer and will inform decisions on any future expansion.In the tribunals, where disputes are resolved without the need for a full hearing, this can reduce demand and capacity pressures. The Department recognises the potential benefits of mediation and will consider carefully the merits and potential impact of any further reform in tribunals to encourage this, while respecting judicial independence.Further expansion of the use of mediation, would need to take into account the differing characteristics of individual tribunal jurisdictions and the interests of tribunal users. There are currently no further plans by the Government to assess the merits of making mediation mandatory or extending judicial powers to order mediation in the tribunals or to assess the impact of such measures on tribunal backlogs.

If he will make an assessment of the potential impact of introducing mandatory mediation for tribunals on the tribunals system backlog.

The Government recognises the value of mediation in helping parties to resolve disputes more swiftly and consensually. Since integrated mediation was introduced for county court small claims under £10,000 in 2024, parties have been required, as part of the litigation process, to attend a free, one-hour appointment with HMCTS’ Small Claims Mediation Service. A formal evaluation of integrated mediation will be published this summer and will inform decisions on any future expansion.In the tribunals, where disputes are resolved without the need for a full hearing, this can reduce demand and capacity pressures. The Department recognises the potential benefits of mediation and will consider carefully the merits and potential impact of any further reform in tribunals to encourage this, while respecting judicial independence.Further expansion of the use of mediation, would need to take into account the differing characteristics of individual tribunal jurisdictions and the interests of tribunal users. There are currently no further plans by the Government to assess the merits of making mediation mandatory or extending judicial powers to order mediation in the tribunals or to assess the impact of such measures on tribunal backlogs.

What steps he is taking to encourage greater use of mediation in the tribunals system.

The Government recognises the value of mediation in helping parties to resolve disputes more swiftly and consensually. Since integrated mediation was introduced for county court small claims under £10,000 in 2024, parties have been required, as part of the litigation process, to attend a free, one-hour appointment with HMCTS’ Small Claims Mediation Service. A formal evaluation of integrated mediation will be published this summer and will inform decisions on any future expansion.In the tribunals, where disputes are resolved without the need for a full hearing, this can reduce demand and capacity pressures. The Department recognises the potential benefits of mediation and will consider carefully the merits and potential impact of any further reform in tribunals to encourage this, while respecting judicial independence.Further expansion of the use of mediation, would need to take into account the differing characteristics of individual tribunal jurisdictions and the interests of tribunal users. There are currently no further plans by the Government to assess the merits of making mediation mandatory or extending judicial powers to order mediation in the tribunals or to assess the impact of such measures on tribunal backlogs.

If he will make an assessment of the potential merits of giving judges in tribunals the power to order mandatory mediation.

The Government recognises the value of mediation in helping parties to resolve disputes more swiftly and consensually. Since integrated mediation was introduced for county court small claims under £10,000 in 2024, parties have been required, as part of the litigation process, to attend a free, one-hour appointment with HMCTS’ Small Claims Mediation Service. A formal evaluation of integrated mediation will be published this summer and will inform decisions on any future expansion.In the tribunals, where disputes are resolved without the need for a full hearing, this can reduce demand and capacity pressures. The Department recognises the potential benefits of mediation and will consider carefully the merits and potential impact of any further reform in tribunals to encourage this, while respecting judicial independence.Further expansion of the use of mediation, would need to take into account the differing characteristics of individual tribunal jurisdictions and the interests of tribunal users. There are currently no further plans by the Government to assess the merits of making mediation mandatory or extending judicial powers to order mediation in the tribunals or to assess the impact of such measures on tribunal backlogs.

If he will take steps to ensure that parties who are referred to the Small Claims Automatic Referral to Mediation pilot actively engage in the process.

The Government recognises the value of mediation in helping parties to resolve disputes more swiftly and consensually. Since integrated mediation was introduced for county court small claims under £10,000 in 2024, parties have been required, as part of the litigation process, to attend a free, one-hour appointment with HMCTS’ Small Claims Mediation Service.HMCTS supports this by issuing guidance to parties and writing to them in advance of their appointment with practical information about the mediation process, including relevant contact details. Judges also retain discretion to apply sanctions where a party fails to engage appropriately.

If he will make an assessment of the potential merits of extending existing rules on mediation in the civil courts to the tribunals system, in the context of proposed changes to the Office of the Senior President of Tribunals in the Courts and Tribunals Bill.

The Government recognises the value of mediation and other forms of dispute resolution in helping parties resolve disputes more swiftly and consensually. We continue to explore and assess the potential merits of dispute resolution across different jurisdictions, including tribunals.However, any changes to the Tribunal Procedure Rules will be made by the Tribunal Procedure Committee, an independent statutory body, who are responsible for the making of rules that govern tribunal practice and procedure. The provisions in the Courts and Tribunals Bill relating to the office of the Senior President of Tribunals concern judicial leadership and do not alter day-to-day decision-making in tribunals cases.

If he will make an assessment of the potential impact of the Employment Rights Act on the number of employment disputes before the employment tribunal; and if he will make an assessment of the potential merits of introducing mandatory mediation.

The Employment Rights Act (ERA) is part of the Government’s commitment to Make Work Pay. The Act includes measures that strengthens worker’s rights, which we expect will increase demand in the Employment Tribunal. The impact on the Employment Tribunal has been considered in the published impact assessments and economic analysis. A summary of the impact of the number of employment disputes before the Employment Tribunal is available in Table A11 here: Employment Rights Act 2025: economic analysis.It is a question for the judiciary on whether they would like to expand judicial mediation. Judges can choose to mediate, depending on whether they think the case is appropriate, which is typically claims of discrimination or complex unfair dismissals.We do recognise that there are significant demand pressures on the Employment Tribunals and are therefore working with the judiciary, HMCTS and the Department for Business and Trade on any further actions needed to alleviate pressures on the Employment Tribunals, improve efficiency and reduce waiting times to ensure the Employment Tribunal is able to absorb the impact of the Employment Rights Act whilst ensuring timely access to justice for claimants and respondents.

With reference to paragraph 116 of the Report published by the Justice Committee entitled The Coroner Service, HC 68, what assessment he has made of the potential impact of delaying legislative steps to ensure that Records of Inquest can be amended without the need for a fresh inquest on access to justice for (a) victims and their (b) families.

The Government intends to bring forward the necessary amendments to section 13 of the Coroners Act 1988 as soon as Parliamentary time allows. Whilst we have not undertaken a formal impact assessment on timings, there remains a well-established process for applications to be made under section 13, which is available in relevant circumstances. The proposed change builds on that existing framework by enabling the High Court, in appropriate cases, to resolve issues rather than directing that a matter be remitted to a coroner for a fresh inquest. This will provide the court with greater flexibility to ensure that it can fulfil its role as expediently as possible and in a way that best serves the interests of justice.

With reference to paragraph 116 of the report by the Justice Committee entitled The Coroner Service, published on 27 May 2021, HC 68, when he plans to take legislative steps to introduce this measure.

The Government intends to bring forward the necessary amendments to section 13 of the Coroners Act 1988 as soon as Parliamentary time allows. Whilst we have not undertaken a formal impact assessment on timings, there remains a well-established process for applications to be made under section 13, which is available in relevant circumstances. The proposed change builds on that existing framework by enabling the High Court, in appropriate cases, to resolve issues rather than directing that a matter be remitted to a coroner for a fresh inquest. This will provide the court with greater flexibility to ensure that it can fulfil its role as expediently as possible and in a way that best serves the interests of justice.

What assessment he has made of the effect on business productivity of expansion of mediation within the civil justice system.

We recognise the benefits of mediation to individuals and businesses in resolving disputes in a less adversarial manner. Where mediation is successful, both businesses and their customers will be spared the time and stress of litigation.The impact assessment for the introduction of mandatory mediation for small claims estimated a 15-55% reduction in hearings, freeing up 1,400 – 5,200 sitting days per year.The impact assessment for the introduction of mandatory mediation found that businesses make up 58% of all parties to small claims, and that the potential benefit to businesses of earlier settlement through mandatory mediation could be £25 million - £92 million per annum, based on a 15-55% settlement rate.Between August 2024 and August 2025, a total of 81,206 cases were referred to mediation, 56,268 mediations took place, and 19,536 were successfully settled through mediation, representing an overall settlement rate of approximately 35%.A formal evaluation will be published in the summer of this year and findings will inform decisions on further expansion of mandatory mediation.We will consult with organisations such as the Federation of Small Businesses, Chamber of Commerce, and other relevant partners before making any final decisions on the further expansion of mandatory mediation.

In the context of trends in levels of success of mediation for claims under £10,000, whether he has considered the expansion of mediation for higher value claims.

The Government recognises the benefits of mediation in resolving disputes swiftly and consensually.Mandatory mediation for small money claims below £10,000 is now integrated into the county court process, saving time and costs. A formal evaluation will be published in the summer of this year and will inform decisions on further expansion of mandatory mediation.The Civil Procedure Rules were amended in October 2024 to give judges power to order mediation at their discretion in higher value claims over £10,000.

When he intends to bring forward legislation regarding litigation funding agreements.

We intend to introduce legislation to mitigate the effect of the PACCAR judgment when parliamentary time allows. The new legislation will clarify that Litigation Funding Agreements are not Damages Based Agreements and introduce proportionate regulation of Litigation Funding Agreements. The Government recognises the critical role third-party litigation funding plays in access to justice and is committed to ensuring it works fairly for all. We will outline next steps in due course.

What steps he is taking to help reduce the time taken for cases to go to trial in the commercial court.

I am pleased to say there are currently no undue delays in listing trials in the commercial court. However, we are constantly seeking improvements in timeliness.Listing and case management in the Commercial Court are matters for the judiciary. HM Courts & Tribunals Service (HMCTS) supports the court to progress cases efficiently by:Maintaining robust listing and case progression processes and working closely with the senior judiciary to identify and resolve operational pinch points.Proactively monitoring the courts waiting times and making use of available deputy judges to ensure cases are heard without delays.Maximising the effective use of hearing capacity, including through flexible deployment across the Royal Courts of Justice estate and the continued use of remote hearings where appropriate.Making use of digital systems to streamline filing, case administration and communication with court users.Recent operational measures to manage pressure on the court system, including the transfer of lower value and less complex claims from the London Circuit Commercial Court to the Central London County Court. The London Circuit Commercial Court is also looking to increase judicial capacity which will assist the Commercial Court and its workload.In July 2025 the Commercial Court also increased the level at which new cases could commence to £7 million.We continue to monitor performance with HMCTS and the judiciary and will support further operational improvements to help ensure cases are heard in a timely manner.

Whether he has made an assessment of the potential impact of the expansion of mediation within the civil justice system on a) delays in the courts, and b) resultant business productivity.

We recognise the benefits of mediation to individuals and businesses in resolving disputes in a less adversarial manner. Where mediation is successful, both businesses and their customers will be spared the time and stress of litigation.The impact assessment for the introduction of mandatory mediation for small claims estimated a 15-55% reduction in hearings, freeing up 1,400 – 5,200 sitting days per year.The impact assessment for the introduction of mandatory mediation found that businesses make up 58% of all parties to small claims, and that the potential benefit to businesses of earlier settlement through mandatory mediation could be £25 million - £92 million per annum, based on a 15-55% settlement rate.Between August 2024 and August 2025, a total of 81,206 cases were referred to mediation, 56,268 mediations took place, and 19,536 were successfully settled through mediation, representing an overall settlement rate of approximately 35%.A formal evaluation will be published in the summer of this year and findings will inform decisions on further expansion of mandatory mediation.We will consult with organisations such as the Federation of Small Businesses, Chamber of Commerce, and other relevant partners before making any final decisions on the further expansion of mandatory mediation.

Whether he has had conversations with colleagues in the English Law Promotion Panel on the potential effects of greater use of mediation within the civil justice system on a) investment, b) economic growth, and c) global competitiveness.

The English Law Promotion Panel has been established to support the growth of the legal sector and to strengthen the global competitiveness of English and Welsh law. This initiative forms part of the Government’s mission to drive economic growth, as outlined in the UK’s Modern Industrial Strategy. The Panel’s focus is on the international promotion of English and Welsh law, rather than operational or policy matters relating to the domestic justice system. In so doing, the Panel will also explore the extent to which arbitration and mediation can enhance our competitive position.

If he will make an assessment of the potential impact of current waiting times in the civil justice system on the competitiveness of the justice system in England and Wales compared to other jurisdictions.

The Government understands the importance of timely and effective civil justice to England and Wales’ position as an international centre of dispute resolution. We are working towards our goal of a civil justice system in which people and businesses can resolve their disputes and exercise their rights quickly and efficiently at the earliest opportunity.We acknowledge that the slow processing of claims can have a detrimental effect on business, and that lengthy civil disputes are a drag on economic growth. The quarterly period covering July to September 2025 showed the median time taken for small claims to go from issue to trial 5.9 weeks faster than the year before. For fast, intermediate and multi-track claims, it was 5.1 weeks faster than the year before. It is worth noting, however, this metric only captures the claims which go to full hearing: less than 5% of County Court claims issued. Timeliness is not the only factor which makes our justice system competitive; the high quality of our legal services and judiciary, the international appeal of English Law and our clear procedural rules all contribute to our status as jurisdiction of choice for international litigation.

A) what steps the Government is taking to reduce delays within the civil justice system, and b) whether he has considered the use of mediation as a potential solution.

The Government is committed to improving performance of, and to reducing demands on, the civil courts. We have put in place measures such as the introduction of digital systems through the HMCTS Reform Programme to drive performance improvements and are focused on increasing capacity through more judicial recruitment.The quarterly period covering July to September 2025, showed that the median time taken for small claims to go from issue to trial was 39 weeks, 5.9 weeks faster than the same period in 2024. For fast, intermediate and multi-track claims, it was 60 weeks, 5.1 weeks faster than a year earlier. This shows a positive trend regarding timeliness. Published statistics can be found in table 1_5 of the main tables here: Civil justice statistics quarterly: July to September 2025 - GOV.UK.We recognise the benefits of mediation in resolving disputes swiftly. Mandatory mediation for small money claims below £10,000 is now integrated into the county court process, saving time and costs. A formal evaluation will be published in the summer of this year, and findings will inform decisions on further expansions of mandatory mediation.

What assessment he has made of the potential merits of court mandated mediation for larger businesses.

The Government recognises the benefits of mediation in resolving disputes swiftly and consensually. We are piloting mandatory mediation for small money claims (under £10,000) as part of the county court process. This pilot runs until May 2026 and will be evaluated before decisions on further mandatory use across civil law.

What assessment he has made of the impact of early releases on (a) victims and (b) victims' families.

We must ensure that there are always sufficient prison places for dangerous offenders and those who pose a risk to the public. We are building 14,000 prison places and will have more prisoners by the time of the next election than the last. We take every possible step to mitigate risk, working in collaboration with partners across the Criminal Justice System. The introduction of the Sentencing Bill will bring an end to temporary early release measures and put the system back on a sustainable footing, ensuring sentences are served in a way that balances punishment, rehabilitation, and public safety.We also recognise the importance of maintaining confidence in the justice system for victims and their families when designing these reforms and will continue to assess these impacts throughout implementation. Ministers and policy officials have been pleased to meet with victims’ stakeholders through a mix of individual meetings, roundtables and sector-wide engagement groups. We remain committed to continuing to engage with the victim sector to understand the impact of these changes.

What assessment he has made of the compatibility of early releases with the principles of justice.

We must ensure that there are always sufficient prison places for dangerous offenders and those who pose a risk to the public. We are building 14,000 prison places and will have more prisoners by the time of the next election than the last. We take every possible step to mitigate risk, working in collaboration with partners across the Criminal Justice System. The introduction of the Sentencing Bill will bring an end to temporary early release measures and put the system back on a sustainable footing, ensuring sentences are served in a way that balances punishment, rehabilitation, and public safety.We also recognise the importance of maintaining confidence in the justice system for victims and their families when designing these reforms and will continue to assess these impacts throughout implementation. Ministers and policy officials have been pleased to meet with victims’ stakeholders through a mix of individual meetings, roundtables and sector-wide engagement groups. We remain committed to continuing to engage with the victim sector to understand the impact of these changes.