Mediation

[warwick65]

I just wonder why so many people say that mediation should not go ahead if the claimant has not provided all the documents asked for.

I am not suggesting that anyone should role over and pay up but just bear a few points in mind

1) Mediation is confidential and will not be reported to the court

2) Sometimes you can settle the claim for a small amount which may be worth it to some people

3) Law is not an exact science and even though you may think you have all the arguments you could still lose

4) Settlement at mediation means no CCJ - If I had relatively small debts that in all honesty were mine, I may settle for a fraction just to stop the stress and anxiety - for example if it was £500 and I could settle for £10 a month over 2 years, it may be worth it


Again please don't think I am suggesting settling because i dislike the financial industry as much as the next person but some arguments can be hard to argue and sometimes it is just not economic to employ a solicitor

[charitynjw]

Re: Mediation

Oh noooooo!!!



The Force is strong with you, young Warwick!
Use the Force!



Seriously though, I reckon most people go with the 'I haven't received all the docs, so Mediation is a no-no'.

[warwick65]

Re: Mediation

Seriously though, I reckon most people go with the 'I haven't received all the docs, so Mediation is a no-no'.

I do tend to agree with you on that

I just wonder if at times a more pragmatic approach is needed

We see all to often the emotional aspects of receiving a court claim and the anxiety caused by an impending court appearance. Of course i also appreciate this is what these companies rely on

In the end, only the individual can make the decision that is right for them

[Guest]

Re: Mediation

I do tend to agree with you on that

I just wonder if at times a more pragmatic approach is needed

We see all to often the emotional aspects of receiving a court claim and the anxiety caused by an impending court appearance. Of course i also appreciate this is what these companies rely on

In the end, only the individual can make the decision that is right for them

So so true!

Is that why so may cases end up with a default judgement?

[Diana M]

Re: Mediation

Is that why so may cases end up with a default judgement?

A Default Judgment happens as a result of the Defendant failing to file either their Acknowledgement of Service or their Defence within the court deadline.

Mediation is not on offer or an option until after both parties have filed their Directions Questionnaire following filing of the Defendant’s Defence.

I hope this helps to explain court procedure.

Di

[Amethyst]

Re: Mediation

To Warwick's original Question I think it is mainly because the mediation service ask if all documents have been provided, to which you really have to answer 'No' in a majority of cases where defence has been entered on the grounds of no documents... then the decision as to whether to proceed with Mediation is taken out of your hands, it just doesn't then go ahead. They do a form now, but used to ask you at the beginning of a call or when arranging the appointment.

[Guest]

Re: Mediation

A Default Judgment happens as a result of the Defendant failing to file either their Acknowledgement of Service or their Defence within the court deadline.

Mediation is not on offer or an option until after both parties have filed their Directions Questionnaire following filing of the Defendant’s Defence.

I hope this helps to explain court procedure.

Di

Thank you for the explanation.

[Diana M]

Re: Mediation

I think it is mainly because the mediation service ask if all documents have been provided, to which you really have to answer 'No' in a majority of cases where defence has been entered on the grounds of no documents... then the decision as to whether to proceed with Mediation is taken out of your hands, it just doesn't then go ahead.

If a Defendant wants to settle at Mediation they can even if they don't have any documents.

The question asked is (more or less) "do you have the documents you need to Mediate?"

If you want to settle the claim but have zero documents then you can answer "Yes" to that question since you don't need any documents.

The question is not "do you have the compliant documents you need to win the case?"

I agree with Warwick that you should not see Mediation as some sort of surrender.

If you recognise the debt but question the amount (interest added etc) or it relates to a catalogue account opened by your partner unbeknown to you etc then go ahead and Mediate to get shot of the problem if that's what you want to do.

The decision to Mediate is very much in your (the Defendant's) hands.

The Mediation service was introduced to try to keep cases out of court. It was never meant to be a sort of Pre Trial telephone hearing.

It's there to settle/resolve claims not for Claimants to use it to get money out of Defendants knowing that they (the Claimant) haven't got a hope of winning in court.

Failing to reach an agreement at Mediation is not held against you if/when the legal proceedings continue.

Di