Small claims mediation - Can my dad talk on my behalf?

King_Mustard

We've had an issue with a company so started a small claims court claim.

If all parties agree to mediation, can my dad speak on my behalf? (he's more clued up on it)

shaun_from_Africa

King_Mustard wrote: »

We've had an issue with a company so started a small claims court claim.

If all parties agree to mediation, can my dad speak on my behalf? (he's more clued up on it)

YIt doesn't appear to be a problem.
Just make sure that he has a letter signed by you giving him full permission to talk, negotiate and accept any settlement on your behalf.
https://www.moneyclaimsuk.co.uk/PDFForms/EX730.pdf

What are the requirements to use the
Small Claims Mediation Service?
• Anyone participating in a mediation appointment has full authority to negotiate a settlement.
• The parties need to agree to go to mediation in good faith with the aim of achieving a settlement.
• For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions.
• The parties or their representatives should be familiar with the details of the dispute and be able to answer any queries raised

King_Mustard

shaun_from_Africa wrote: »

YIt doesn't appear to be a problem.
Just make sure that he has a letter signed by you giving him full permission to talk, negotiate and accept any settlement on your behalf.
https://www.moneyclaimsuk.co.uk/PDFForms/EX730.pdf

Is there a sample letter anywhere that you know of (I can't find one), or would a simple letter (with my signature included) be enough?

arcon5

You don't need to be clued up. All it is is you and the other party talking indirectly via the mediator. The mediator will not seek to verify any points of law nor will they judge any rights or wrongs. They will relay messages that's all. Most of which will be stuff already said before court action

steampowered

Are you attending the mediation with your Dad?

If you are, I don't think you need a separate letter. In that situation your dad would obviously have authority to negotiate a settlement since you'd be in the room!

If your dad is attending without you, you should probably give him a signed letter addressed to the mediation service simply saying that your dad has authority to negotiate a binding settlement on your behalf. He can bring that to the mediation if anyone questions his authority.

Fergie76

Is mediation not done by phone?

steampowered

Fergie76 wrote: »

Is mediation not done by phone?

Yes, usually, though not always.

I suppose the best thing to do would be to use a speaker phone, mainly with your dad speaking but with the Op in the background to confirm that his dad has authority if necessary?