[F1Referral to the Mediation ServiceE+W
26.4A.—(1) This rule applies to claims started in the County Court which would normally be allocated to the small claims track pursuant to rule 26.6.
(2) This rule does not apply to—
(a)road traffic accident, personal injury or housing disrepair claims; or
(b)any claim in which any party to the proceedings does not agree to referral to the Mediation Service.
(3) In this rule, “the Mediation Service” means the Small Claims Mediation Service operated by Her Majesty’s Courts and Tribunals Service.
(4) Where all parties indicate on their directions questionnaire that they agree to mediation, the claim will be referred to the Mediation Service.
(5) If a claim to which this rule applies is settled, the proceedings will automatically be stayed with permission to apply for—
(a)judgment for the unpaid balance of the outstanding sum of the settlement agreement; or
(b)the claim to be restored for hearing of the full amount claimed,
unless the parties have agreed that the claim is to be discontinued or dismissed.]
Textual Amendments
F1Rule 26.4A inserted (1.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(2), 14(f) (with rule 41(6)(7))