Mediation & ADR in Commercial Disputes - CPR Update & More

Introduction

Mediation in commercial disputes has rapidly evolved, moving from a voluntary alternative to an increasingly mandatory step in civil procedure.

Since May 2024, mediation has become compulsory for all defended small claims under £10,000. In October 2024, the Civil Procedure Rules (CPR) were amended to explicitly give judges the power to order ADR (not just encourage it), with consequences for costs if parties refuse. This reflects a decisive shift in the litigation culture towards embedding mediation as a default step in dispute resolution.Case law since 2023 - most notably Churchill v Merthyr Tydfil - has confirmed the courts’ power to mandate mediation, a principle now tested in practice through cases like DKH Retail v City Football Group (2024), where the High Court ordered ‘short, sharp’ mediation, which led to settlement.

Failure to engage in mediation can now carry serious cost sanctions, as shown in Northamber v Genee World (2024) and Conway v Conway (2024). Meanwhile, ongoing pilots - such as the 2025 OCMC mediation referral scheme - signal further expansion of ADR into higher-value and more complex claims.

At the international level, the UK’s signing of the Singapore Convention on Mediation in 2023 strengthens cross-border enforceability of mediated settlements, aligning the UK with global mediation standards.

This webinar will equip practitioners with a clear understanding of the regulatory, judicial, and practical implications of these shifts, offering practical strategies to navigate mandatory ADR, mitigate risks, and leverage mediation effectively.

What You Will Learn

This webinar will cover the following:

• An overview of the latest UK legal developments, including:
• May 2024: mandatory mediation for all small claims under £10,000
• October 2024: amendments to the CPR embedding ADR in the Overriding Objective (CPR 1.1(f)), empowering judges to order ADR, and allowing courts to impose adverse cost orders for refusal
• 2025 pilot for automatic mediation referrals in OCMC claims
• Key case law insights:
• Churchill v Merthyr Tydfil (2023) - courts’ power to order ADR upheld
• DKH Retail v City Football Group (2024) - first compulsory mediation order under new CPR, leading to settlement
• Northamber v Genee World (2024) & Conway v Conway (2024) - cost consequences for refusing mediation
• Cost-saving potential: How ADR reduces litigation spend, with recent cases demonstrating efficiency and enforceability
• Strategic use of mediation: Practical guidance on when to initiate ADR, how to respond to court orders, and how to draft mediation-friendly dispute resolution clauses
• International & European context:
• The UK’s accession to the Singapore Convention on Mediation and its impact on cross-border settlements
• Comparative insights into EU mediation frameworks and trends
• Hands-on solutions for businesses and practitioners: Overcoming resistance to mediation, preparing clients for mandatory ADR, and managing risks of refusal or non-compliance

This pre-recorded webinar will be available to view from Tuesday 27th January 2026

Alternatively, you can gain access to this webinar and 1,900+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.