Share this
by Anisa Butt on 17/12/25
Six Mediation Trends Shaping Mediation
Over the last 12–18 months we have seen some of the most significant shifts in mediation practice since the field first gained traction in the UK.
Mediation is evolving, both in substance and in style which is driven by legal developments, client expectations, complexity of disputes, and advancements in technology and is becoming more strategically embedded into the litigation process.
Based on CEDR’s recent caseload and practitioner insights, 6 trends stand out as defining the current landscape which lawyers, and dispute resolution professionals may find both useful and interesting.
These are:
- Increase in Court Referrals
- Growing Demand for Evaluative Input
- Hybrid Processes Combining Mediation with other ADR Mechanisms
- Mediation Cases Becoming Projects
- Digital Transformation - Virtual Mediation and ODR as Standard Practice
- The Use of AI in Mediation
1. Increase in Court Referrals, particularly post Churchill
Perhaps the most immediately visible trend is the increase in matters being referred by the courts. Following the Churchill decision, which clarified that courts may order parties to attempt ADR, referrals have increased across a wide range of dispute types. Parties are attempting mediation earlier, often before they become firmly entrenched in their positions, and with clearer judicial expectations that ADR should be seriously considered.
This shift has made mediation a more formalised part of the litigation process, rather than simply a voluntary alternative. As a result, lawyers are preparing differently, gathering evidence earlier, refining negotiation strategies, and briefing clients on the implications of declining ADR.
2. Growing Demand for Evaluative Input
Traditionally, mediation in the UK has been rooted in a facilitative model but over the past year, we have seen a rise in parties asking for something more: evaluative guidance and mediators with decision-making capability.
When negotiations stall, parties increasingly turn to the mediator for structured opinions, risk assessments, or reality-testing grounded in legal or sector expertise.
This does not mean mediators are becoming judges; rather, parties are looking for mediators who can remain neutral in managing the process while also offering insight into the strengths and weaknesses of each side’s case.
3. Hybrid Processes Combining Mediation with Other ADR Mechanisms
Another evolution is the rise of hybrid processes, most commonly mediation combined with Arbitration, and other mechanisms such as Early Neutral Evaluation (ENE) or Expert Determination (ED). Important to note, these mechanisms are not replacing mediation; rather, they are increasingly used in parallel to create momentum and allow parties to benefit from the flexibility of mediation while still having access to a binding determination if certain issues remain unresolved. We are seeing more referrals under structured escalation frameworks where mediation forms one stage of a multi-tier process.
CEDR ran its first evaluation training course in late 2025 and demand for this service is increasing.
ED and ENE are gaining more relevance as Courts, parties and lawyers look to increase the range of options for resolving disputes and become increasingly familiar with how these processes can be used. ENE has become a valuable tool where parties need an authoritative but non-binding view to break deadlock.
In 2024, CEDR worked with the NHS on a successful pilot scheme for evaluation of clinical negligence claims up to a value of £200,000. Following the pilot scheme NHS Resolution awarded a contract to CEDR and another provider to operate an evaluation service for all clinical negligence and personal injury claims and CEDR is now working with NHS Resolution on the design of this service which will be launched in early 2026.
CEDR is receiving higher volumes of enquiries for ED process design, and ED represents a useful option for parties in technically complex disputes e.g. construction, valuation, IT, where a specialist’s binding decision can often be more efficient than litigation.
This reflects a more developed view of dispute resolution whereby parties are no longer choosing between processes but designing integrated pathways that balance creative problem solving with definitive outcomes.
4. Mediation Cases Becoming Projects
The traditional one-day mediation is still used, but it is no longer the standard. Increasingly, disputes are handled over multiple days or stages, often separated by weeks devoted to preparation, private sessions with each party and the exchange of information.
This trend reflects the reality of modern disputes: they are more complex, involve larger volumes of documents, and require careful management of technical and commercial issues. For mediators, this means not just facilitating a day of dialogue but managing a project with milestones, expectations and continuity.
5. Digital Transformation: Virtual Mediation and ODR as Standard Practice
Virtual mediation is no longer a pandemic workaround; it is a stable and widely accepted way of mediating. Many mediations now take place entirely online, especially where parties are geographically dispersed or where claim values do not justify travel. Hybrid sessions have also become common, with some participants physically present and others remote.
Alongside this, Online Dispute Resolution (ODR) platforms are supporting secure document exchange, asynchronous communication, scheduling and negotiation. This digital transformation has made mediation more accessible and more efficient. However, this also calls for new skills: managing rapport through screens, overcoming digital fatigue, and designing virtual processes that retain human input which is essential for facilitating a settlement.
6. The Use of AI in Mediation
Finally, we are navigating the ways in which AI is being used and its potential to develop mediation. Fear not, AI is not replacing practitioners. It is, however, reshaping how parties prepare for the process.
AI software tools are now being used to:
- organise and summarise large document bundles
- create case summaries
- suggest negotiation strategy
- model potential settlement options
- draft early versions of settlement agreements
While promising, AI raises important considerations around transparency, confidentiality, bias and over reliance. Mediators are currently navigating how to integrate AI responsibly, leveraging efficiency while ensuring that human judgment and emotional intelligence remain at the core of the process.
Looking Ahead
These 6 trends demonstrate that the field is rapidly evolving legally, technologically and culturally. Mediation/ADR in the UK is becoming more structured, more hybrid, and has stopped being just a “nice to have” alternative, but rather a central, strategic mechanism for dispute resolution in business, consumer contexts and beyond.
Finally, where does all this leave CEDR? The reality is that CEDR is well-positioned with its 35 year track record, international reputation, deep expertise in process design, and strong commitment to training. It therefore stands at the forefront of a field that is expanding, innovating, and becoming more essential year by year.