10 hours ago
Agreed. I had a mediation call myself just over a week ago concerning a claim I had brought against a car dealer over a servicing contract.
I was the Claimant. The mediator called me, asked whether I was happy for the mediation to begin, and then invited me to explain my position. I said that I was prepared either to accept the full amount claimed, including the claim fee, or for the dealer to honour the servicing contract.
The mediator put me on hold and returned a few minutes later to say that the other party was not prepared to accept my proposal. I said that I was not prepared to reduce my claim and was perfectly content for a judge to decide the matter.
I was then told that the mediation had ended without agreement and that the claim would proceed to the next stage, ultimately a hearing at my local County Court if it was not otherwise resolved. The entire call took less than five minutes. There was no stress and no confrontation.
A few hours later, I received a without-prejudice offer from the Defendant's solicitor to settle for the amount claimed. I replied that I would accept only the full claim amount, including my costs. They agreed. As soon as the agreed sum is in my account, I will file an N279 Notice of Discontinuance, and that will be the end of the matter.
For you, as the Defendant, the process will not be materially different. The mediator will call you, explain the process and may ask you briefly to state your position. You do not need to argue the entire defence or allow yourself to be drawn into a detailed discussion of the evidence. Politely explain that the Claimant already has your defence and that you are not prepared to pay anything to settle the claim. Your position is that the claim should be discontinued with no payment by you.
If the Claimant will not accept that, the mediator will simply record that no agreement was reached. Honestly, the call may be over within a few minutes. That will be it.
As I mentioned previously, mediation is not a trial and the mediator does not decide who is right or wrong. The discussion is confidential and, if no settlement is reached, the court is simply informed that mediation was unsuccessful. No blame attaches to either party merely because no agreement was reached.
I have also explained that this particular claim has almost no prospect of reaching a hearing because DCB Legal's usual approach in properly defended private parking claims is to discontinue, usually around four or five weeks before the hearing. While that is not 100% guaranteed, it is the usual pattern of behaviour by them in over 99% of parking claims, so you must continue complying with every court deadline unless and until you receive formal confirmation that the claim has been discontinued.
Provided you do not allow yourself to be intimidated into paying merely because the process feels unfamiliar, there is nothing to fear from the mediation call. It is simply a short attempt to discover whether the parties can agree a settlement. If they cannot, the claim carries on.
I was the Claimant. The mediator called me, asked whether I was happy for the mediation to begin, and then invited me to explain my position. I said that I was prepared either to accept the full amount claimed, including the claim fee, or for the dealer to honour the servicing contract.
The mediator put me on hold and returned a few minutes later to say that the other party was not prepared to accept my proposal. I said that I was not prepared to reduce my claim and was perfectly content for a judge to decide the matter.
I was then told that the mediation had ended without agreement and that the claim would proceed to the next stage, ultimately a hearing at my local County Court if it was not otherwise resolved. The entire call took less than five minutes. There was no stress and no confrontation.
A few hours later, I received a without-prejudice offer from the Defendant's solicitor to settle for the amount claimed. I replied that I would accept only the full claim amount, including my costs. They agreed. As soon as the agreed sum is in my account, I will file an N279 Notice of Discontinuance, and that will be the end of the matter.
For you, as the Defendant, the process will not be materially different. The mediator will call you, explain the process and may ask you briefly to state your position. You do not need to argue the entire defence or allow yourself to be drawn into a detailed discussion of the evidence. Politely explain that the Claimant already has your defence and that you are not prepared to pay anything to settle the claim. Your position is that the claim should be discontinued with no payment by you.
If the Claimant will not accept that, the mediator will simply record that no agreement was reached. Honestly, the call may be over within a few minutes. That will be it.
As I mentioned previously, mediation is not a trial and the mediator does not decide who is right or wrong. The discussion is confidential and, if no settlement is reached, the court is simply informed that mediation was unsuccessful. No blame attaches to either party merely because no agreement was reached.
I have also explained that this particular claim has almost no prospect of reaching a hearing because DCB Legal's usual approach in properly defended private parking claims is to discontinue, usually around four or five weeks before the hearing. While that is not 100% guaranteed, it is the usual pattern of behaviour by them in over 99% of parking claims, so you must continue complying with every court deadline unless and until you receive formal confirmation that the claim has been discontinued.
Provided you do not allow yourself to be intimidated into paying merely because the process feels unfamiliar, there is nothing to fear from the mediation call. It is simply a short attempt to discover whether the parties can agree a settlement. If they cannot, the claim carries on.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
