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Contracts & Legal Intermediate

What to do when a freelance project goes wrong (without going to court)

James Sterling
22 May 2026
7 min read
Legal Contracts Clients

Key takeaways

  • Most freelance disputes never reach a courtroom. The contract gives you a three-step path: talk, mediate, court
  • Step 1: 14-day informal discussion. Costs nothing, resolves the majority of issues
  • Step 2: Mediation with a CMC-accredited mediator. Under £5,000? Just £75 + VAT per side for a 1-hour video session
  • Step 3: Court is the last resort. The UK now expects you to have tried mediation first
  • HelloNoa contracts name the providers for you so neither party can stall when things get tense

The good news: most disputes never go to court

You've sent the invoice. The client has gone quiet. Or maybe they're claiming the work isn't what they wanted. Or you both genuinely disagree about what was agreed.

Nobody enjoys this part. But here's the thing nobody tells you: the UK system is actually designed to keep you out of court. Most freelance disputes are settled by a conversation, a polite email, or a one-hour mediation that costs less than a tank of petrol.

Your HelloNoa contract has a clause called Dispute Resolution (clause 14) that lays out exactly what happens if things go sideways. Here's what it does, and why it's worth understanding before you ever need it.

Step 1: Talk it out (the 14-day rule)

Before anything formal happens, either side has to give written notice of the dispute and the two of you have to try, in good faith, to sort it out by discussion. The contract gives you 14 days to do this.

It sounds obvious, but it's the most important step. A lot of disputes are just misunderstandings. A scope that wasn't quite clear. An invoice that landed in spam. A revision the client thought was included and you thought was extra.

The 14-day notice forces both sides to slow down and actually have the conversation. Most disputes die here.

How to send the notice: just an email. Subject line: "Notice of dispute regarding [project name]". Set out clearly what the disagreement is and what you'd like to happen. No legal language needed. The contract counts this as your formal notice.

Step 2: Mediation (the bit nobody told you about)

If talking it out doesn't work, the next step is mediation. This is where a neutral third party helps you reach an agreement. They don't decide who's right. They just keep the conversation moving and help you both find a settlement you can live with.

Two things people get wrong about mediation:

  1. It's not expensive. For disputes under £5,000, the Civil Mediation Council's Fixed-Fee Scheme charges £75 + VAT per side for a one-hour video session, or £125 + VAT for two hours. That's it.
  2. It's not slow. Sessions are usually arranged within a few days to a couple of weeks. Compare that to small claims court, which can take six months or more.

What your contract names

HelloNoa contracts don't leave the choice of mediator vague (which is what causes most mediation clauses to fail). Yours name two specific routes:

  • Under £5,000: a CMC-accredited mediator under the CMC Fixed-Fee Mediation Scheme. Cheap, fast, remote.
  • Over £5,000: mediation under the rules of CEDR (Centre for Effective Dispute Resolution). More expensive (around £200 per side) but they have 150+ mediators in 70+ countries, useful for higher-value or international disputes.

What if you can't agree on a mediator?

This is where most DIY contracts fall apart. If both sides can't agree on who the mediator should be, the clause stalls and you're back to square one.

HelloNoa contracts solve this by naming an appointing body: the Chartered Institute of Arbitrators (CIArb). If you can't agree within 14 days, either side can apply to CIArb's Dispute Appointment Service and they'll appoint a neutral mediator for you. No deadlock.

What if the client is in another country?

The clause is written for remote mediation by telephone or video. It works whether your client is in Manchester or Mumbai. The session is held at a time reasonable for everyone's time zone, and the settlement is enforceable under English law (which is what your contract specifies anyway).

Get a UK-compliant contract with this clause built in

HelloNoa contracts include the full dispute resolution path: 14-day discussion, mediation under the CMC Fixed-Fee Scheme, and named appointing bodies so nothing ever stalls.

Create your contract

Step 3: Court (the absolute last resort)

If mediation doesn't settle the dispute within 30 days of the mediator being appointed, either side can take the matter to the courts of England and Wales.

For most freelance disputes that means the small claims track, which handles claims up to £10,000. Court fees start at around £35 for a £300 claim and £455 for a £5,000 claim. You don't usually need a solicitor.

But here's the twist: since the 2024 reforms (following the Court of Appeal decision in Churchill v Merthyr Tydfil), courts can now compel you to attempt mediation before they'll hear your case. The free HMCTS Small Claims Mediation Service is automatically offered once you file a claim.

In other words, the UK system increasingly treats court as a backstop, not a default. If you skip the conversation and mediation steps and go straight to court, the court will probably send you back to mediate anyway.

What this looks like in real life

Three quick scenarios to make it concrete:

Scenario 1: The non-paying client

You delivered the work. They love it. The invoice is now 45 days overdue. You send the formal notice on day 46. They reply within a week saying their bookkeeper missed it and they'll pay within five days. Done. Total cost: an email.

Scenario 2: The scope dispute

You built the website. The client wants three more pages they say were "obviously included". You disagree. The 14-day discussion doesn't resolve it because you both genuinely remember the conversation differently. You apply to a CMC mediator. One hour later, you've agreed to deliver one extra page at half rate. Total cost: £75 each. Project closed, relationship intact.

Scenario 3: The international client

Your US client is refusing to release the final payment. Discussion goes nowhere. CIArb appoints a mediator who runs a video session across time zones. A settlement is signed. Because the contract is governed by English law, you can enforce the settlement through the English courts if the client defaults, and from there through international treaty routes. Total cost: £75 + VAT.

Why this matters more in 2026

Two things have changed recently that make dispute resolution clauses more important than they used to be:

  • Mediation is becoming mandatory. The Churchill v Merthyr Tydfil ruling and the 2024 Civil Procedure Rule reforms mean courts can now order parties into mediation before a small claims hearing. If your contract already names a mediation provider, you're ahead.
  • The Consumer Rights Act 2015 takes transparency seriously. If your dispute clause is vague, a private client (consumer) could argue it's an unfair term and have it struck out. Naming specific providers, fees and timelines is the safest approach.

The bottom line

A good dispute resolution clause isn't there because you expect things to go wrong. It's there so that if they do, both sides know exactly what happens next and neither side has the power to stall.

Three steps. 14 days for a conversation. A £75 mediation if you need it. Court only if everything else fails. That's a fair, proportionate, and increasingly mandatory path in the UK in 2026.

If you're writing your own contract, name the provider. If you're using HelloNoa, it's already done.

Quick reference

  • Notice of dispute: written email to the other party setting out the issue
  • Discussion period: 14 days
  • Mediation under £5k: CMC Fixed-Fee Scheme — £75 + VAT per side (1hr) or £125 + VAT (2hr)
  • Mediation over £5k: CEDR rules — around £200 + VAT per side
  • If you can't agree on a mediator: CIArb Dispute Appointment Service appoints one
  • Mediation deadline: 30 days from mediator's appointment
  • Court (if all else fails): England & Wales, small claims for under £10k
  • Free fallback once at court: HMCTS Small Claims Mediation Service
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