Free mediation when you don't follow Pre-Protocol?

mark7144

I want to take a company to small claims court for around £700.

The pre-protocol seems to say that I am required to try and settle out of court through a mediation service before filing my case. This looks to cost me £100 for 2 hour telephone mediation.

However, it seems that almost all small claims cases go to FREE mediation at the start of the process anyway... so where's the motivation for me to follow the protocol especially when there tends to be no sanctions?

Am I missing something?

unholyangel

I believe the protocol just states that you should consider ADR - not that you must take part in it.

For example if the other party offered it but you refused, it would likely be seen as unreasonable unless you had a very good reason. Likewise, many ombudsman can offer ADR without the need for court.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

Objectives of pre-action conduct and protocols
3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to—

(a) understand each other’s position;
(b) make decisions about how to proceed;
(c) try to settle the issues without proceedings;
(d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;
(e) support the efficient management of those proceedings; and
(f) reduce the costs of resolving the dispute.

And further down the page:

11. If proceedings are issued, the parties may be required by the court to provide evidence that ADR has been considered. A party’s silence in response to an invitation to participate or a refusal to participate in ADR might be considered unreasonable by the court and could lead to the court ordering that party to pay additional court costs.

mark7144

Thank you for the information. Well, unfortunately I had already offered it and they have agreed so no turning back I guess.

But now it looks like I might have to invest £100 for something that might lead to absolutely nothing.

Do you, or anyone else, have a suggestion for a cheaper method of mediation?

unholyangel

mark7144 wrote: »

Thank you for the information. Well, unfortunately I had already offered it and they have agreed so no turning back I guess.

But now it looks like I might have to invest £100 for something that might lead to absolutely nothing.

Do you, or anyone else, have a suggestion for a cheaper method of mediation?

Depends what the dispute is about, whether you (or the other party) are consumers etc.

If you don't want to give too many details, then this page might help:
https://www.citizensadvice.org.uk/consumer/taking-action-about-consumer-problems/legal-action/settling-out-of-court/who-offers-alternative-dispute-resolution-adr/

mark7144

Thanks for the info. I had a look at that previously and found that the government website's estimate of £50/hr telephone mediation is way off when you actually look at prices on the websites they are offering.

I had my car serviced and I'm claiming damages from the company due to repair work that resulted from their lack of service. For a claim that is around £600-700, paying £100 for mediation is a hell of a lot.

wealdroam

Add the arbitration fee to you claim.