After mediation - not paying me.

harry112

Hi

I had mediation with the other party that owed me money. We agreed in mediation that they would pay me nearly everything that was owed to me. However, it has been over 14 days and I have not been payed. The other party are saying that the solicitor and Deputy Manager they sent did not have authorisation to make an agreement. They are getting the case looked at again by another solicitor. Is this possible? What are my next steps? Can I dispute this and get them to pay me what is owed as agreed in the mediation. This is the whole point of medation.

Thanks

Premier_2

What type of mediation was this?

Was this mediation without/prior to court action, or mediation recommended by the court following commencement of court action?

If it was without court action, then I guess all you can do now is go to court (and mention the mediation that was not honoured)

If it was recommended as a result of a court claim, then when I did this, the planned hearing was after the 14 days (or whatever) payment should have been made and the hearing could have gone ahead as planned.
(I would need to have advised the mediator)
Even if not, get in touch with the mediator and they should be able to schedule a new (and urgent) hearing date. The mediation agreement should automatically be available to the judge, but no harm in making sure.

In all events, contact the mediator who should be able to advise you your options (but I hope he may simply call the other party and get them to pay up what was agreed)

harry112

Thanks

I am trying to get in touch with the mediator. The claim was initially for fast track but it was then taken down to small claims court. This was mediation prior to court so that we can resolve it before court. So shall I just ask the mediator what he can do?

paddyrg

I'd make it clear that the other party sent people who were not authorised to mediate for the company to mediation and that you see this as evidence that they are not taking mediation before court seriously.

harry112

Just spoke to mediator. He is shocked that the other party are refusing to pay on the basis of authorisation. He said that all I need to do is file a court summary judgement? Can I get this online?

Premier_2

harry112 wrote: »

Just spoke to mediator. He is shocked that the other party are refusing to pay on the basis of authorisation. He said that all I need to do is file a court summary judgement? Can I get this online?

No, you can't do this online.

You need form N244
http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

A summary judgement is when you ask the court for an immediate Judgment, based on the defence having 'no real prospect of success' and that 'there is no other reason why the case or issue should be dealt with at hearing'.

I guess the mediator is saying do this as they have gone to mediation, and failed to keep their side of the deal reached.

The problem is that such request costs you £50, I don't know if it'll work (I'm no expert), and you may have to go to court to argue it anyway.

It might be better to just ask for the hearing?
The obvious danger here is that, despite the mediation agreement, the court doesn't end up upholding your claim ... but that's probably unlikely. In my experience, people who waste the court's time (and that includes the mediator's where one is used) tend to get little sympathy from the judge.

paddyrg

And sending unqualified negotiators shows a certain lack of respect for the court. They love that.

harry112

Hi

How long does it take for a response from court regarding the summary of judgement which I have submitted?

Thanks

harry112

bump... anyone?

bni

I don't think it will take too long, but I guess it depends on the court and how busy they are. I requested a summary judgment on the 16th of Dec and the judgment was entered on the 4th Jan (so 7 working days when you take the holidays into account). This was in central London. You can always call the court to make sure they've received your request and I'm sure they will be able to give you some sort of timeline. They were always very helpful to me.

Equaliser123

bni wrote: »

I don't think it will take too long, but I guess it depends on the court and how busy they are. I requested a summary judgment on the 16th of Dec and the judgment was entered on the 4th Jan (so 7 working days when you take the holidays into account). This was in central London. You can always call the court to make sure they've received your request and I'm sure they will be able to give you some sort of timeline. They were always very helpful to me.

I don't think that is the same thing. I suspect you applied for a judgment in default.

Summary judgments can be contested.

Depending on the value of the claim, you may be better off claiming for a breach of the agreement obtained at mediation.

What is the value?