Broken Promises. Broken System. How mediation is quietly helping the justice system function

The latest White Book Preface, led by Lord Justice Coulson and David Cobb KC, doesn’t mince its words. It lays bare the ongoing dysfunction in our civil justice system. Not just delays, but potentially “fatal” ones, according to Coulson LJ, as valid claims hang in limbo due to failures within HMCTS. In this climate, mediation in the justice system is emerging as one of the few areas where genuine progress is being made.

He writes:

“I was promised the digitisation of the County Court by 2021... Not only has that not happened - even by 2025 - but it seems that it will never happen, at least in the foreseeable future.”

For context, the White Book is where the Civil Procedure Rules (CPR) live; rules every solicitor is presumed to know, regardless of experience (as HHJ Bird helpfully reminds us). And it’s freely accessible online, which means the public can see for themselves what the system promises, and where it falls short.

Yet, amidst the failings, the White Book’s introduction also highlights progress in a different area: mediation.

Since Churchill v Merthyr Tydfil (2023), where Sir Geoffrey Vos clarified that the earlier Halsey decision didn’t prevent courts from ordering mediation, the CPR was amended in 2024 to make this explicit. The courts can now direct parties to mediate, not merely suggest it.

This is significant. As the formal justice system struggles with delay, mediation offers a faster, cost-effective, and often more pragmatic route to resolution.

As a solicitor and mediator working in the commercial and construction sectors, I see first-hand how mediation helps break deadlock, reduces risk, and gives clients more control over the outcome. In a system riddled with uncertainty, it’s often the most reliable part.

If the system is broken, mediation isn’t a workaround - it’s a lifeline.

Christopher Cox is a senior solicitor and accredited mediator. He delivers outcomes for clients in commercial and construction disputes. To discuss a matter in confidence, call 07802 540977 or email [email protected].