Is Online Mediation Recognised by UK Courts?

The globe has changed into online. It is now possible to shop, research online, and conduct conferences on the internet. It’s not a surprise that mediation has also moved into the realm of digital media. Here’s the main issue that many are asking: Is online mediation recognised by UK judges?

The decision is crucial. If you’re in the middle of disputes that cannot be resolved in person, then you could contemplate online mediation or online mediation services. Before doing so, you should find out if the courts will accept these arrangements the same way as face-to-face mediation.

We’ll explore the laws that govern it and how it operates in practice, and how online dispute resolution has become an accepted element in the UK legal system.

Read our full guide to online mediation in the UK.

How Does Mediation Fit into the UK Legal System? 

Let’s first be crystal clear about the definition of what mediation means within the UK legal system.

Mediation is one of the methods used in Alternative dispute resolution (ADR). This permits parties to resolve disagreements without having to go through the full court process. An experienced mediator can help two or more parties find ways to resolve their dispute and then record the outcome in a legally binding document.

Mediation is non binding right up until the moment of signing any agreement reached. After the parties have signed the agreement, it is legally in force (except in the case of community neighbour disputes, as well as some workplace agreements that are founded on trust rather than enforceability). It is applicable regardless of whether mediation is conducted face-to-face or online.

Rise of Online Mediation in the UK

The COVID-19 regulations meant that traditional mediations in person were becoming extremely complicated. The courts, solicitors and mediators rapidly adapted to the digital world, through Zoom and Microsoft Teams – secure platforms that were designed to facilitate mediation. It was initially a necessity, but it is now a part of regular practice. A lot of people still opt for remote mediation because:

• It reduces the cost of travel as well as time.
• Party organisers from all cities and even countries are able to join easily.
• It eases tension through the elimination of being face-to-face.

The UK courts widely recognise and encourage the use of online mediation, as yet another dispute resolution technique which is effective and here to stay.

Is Online Mediation Recognised by the UK Courts?

Yes. So long as the mediation process was conducted via the established procedures, the UK courts will recognise and sign off any agreements that are reached via online mediation exactly how they would sign off agreements produced through face-to-face mediations.

The courts don’t care about the fact that discussions were held in a Zoom digital space, a solicitor’s office or the local community hall. The thing they are focused on is:

• If the mediation was conducted as it should have been.
• The mediator’s actions were impartial and correct.
• The parties agreed willfully to execute and sign any agreement. 

Legal Weight of Online Mediation Agreements

If the parties sign any agreement via online mediation. It is legally binding by UK law exactly the same way as a physical agreement would be.

For example: 

• Two companies had a contract dispute, they settled their dispute via online mediation. Once both signed the agreement  then the settlement became a legally binding contract. 
• A family disagreement regarding a property owned between two brothers was settled through an internet mediation. Once the consent order was signed, and approved and sealed by the court. It had the same weight as if the mediation had been conducted in person. 
• The parties had a professional negligence claim, commercial litigation was instigated, mediation via zoom was entered into and was successful. Unfortunately  one party did not comply with what they had agreed to do. Pay the claimant £7,000. The court could still enforce the breach.  As the agreement was legally binding.

The courts are focused on the outcome and not if the mediation was in person or online.  As long as the process was undertaken correctly.

Online vs In-Person Mediation: Are There Differences?

Both forms can be used in court; however, there are some distinctions which are useful to know:

• Accessibility: Users who are unable to move or those who reside in a remote area are able to participate more comfortably through the internet.
• Communication styles: Certain people find it simpler to communicate without being present in the same place, and others struggle to read “body language.”
• Confidentiality: Mediators use secure platforms. The confidentiality measures in place for in-person sessions are also applied to virtual mediation.
• Issues of practical application: Technical problems, slow internet connections and insufficient space / privacy in the home may disrupt the process.

However, many mediators are proficient in managing digital sessions efficiently.

Online Dispute Resolution and the Courts

The broader concept is Online dispute resolution (ODR). UK courts too are increasing utilising online platforms. As an example:

• HM Courts & Tribunals Service has an Online Civil Money Claims system which allows minor disputes over debts to be dealt with digitally.
• Mediation is typically used in conjunction with this platform.

When you inquire whether ODR in the UK is recognised and regulated, the answer isn’t just “yes” and UK courts now actively promote the practice. The legal system is developing further towards ODR.

Online Arbitration Services vs Mediation

Some people confuse mediation and online arbitration. They’re not identical:

• Mediation, which is voluntary, with mediators who are neutral, the participants themselves determine the outcomes.
• Arbitration – more like a private court. Arbitrators listen to both sides before making decision.

UK courts recognise both; however, they’re different procedures. Mediation is more flexible and creative, while arbitration has a more formal and professional approach; however, it is online.

The courts, as we have said, will not distinguish between face-to-face or online contracts. Recognition is dependent on the procedure and not on the method of meeting.

Benefits, cost comparisons, and how to prepare for a session are covered in full in our complete guide to online mediation in the UK, including a cost breakdown against in-person mediation and which types of disputes tend to suit it best.

Conclusion: Online Mediation Is Here to Stay

Does online mediation have the same amount of recognition as other processes? Yes, completely the law makes no difference between agreements made face-to-face or through a screen. As long as the mediation was conducted correctly is all that matters.

For those who are concerned about travelling, venue costs etc, virtual mediation offers an efficient, alternative and reliable option. Courts recognise them as legitimate. People see them as efficient. They are also increasingly being more used by mediators, as a preferred option.

At Effective Dispute Solutions, our expertise has proven that online mediation isn’t just for temporary use. It’s an acknowledged, reliable, reputable, and successful method of settling disputes in the UK currently.