Quick question small claims & mediation

householder7

Hello all - I'm not asking about the process as I've looked into all that myself - I just have a quick question. I'm partway through a longwinded small claim against a trader & we both agreed to try mediation but they haven't responded to the invitation (maybe on purpose but forgetting is not impossible). The service will extend the option for a couple more days if they do get in touch but it's not their job to prompt the trader. I could prompt them myself but I can't decide if it's in my best interests

I know no-one can really advise individual stuff like this so it's just me thinking aloud what to do & whether it would go against them that they forgot/ignored the mediation appointment, & whether that's useful for me if it comes to a hearing? If the mediation service don't hear it will be transferred to court to be listed for allocation. I'm happy about my case and obviously was prepared to go to court or I wouldn't have started, but the coronavirus has put a different slant on things and I'd kind of like this wrapped up. I can't even guess what sort of compromise they might have made at mediation so it's really hard deciding whether to push for something that may not help (at best I'd be out of pocket by definition, as I'd have to make a concession myself).

Thanks very much even for reading even if you don't have any advice, but any snippet of useful input would be great.

Le_Kirk

Mediation is all about the money - are you prepared to accept a lower amount than that which you claimed.  Mediation will not decide the claim one way or another.  After you filed and served your claim, did you complete the DQ?  On that DQ did you (and the defendant) agree to mediation?
Some claims are being held via telephone, some by video (Skype or similar) and the courts may ask you to agree to the case being heard "on papers."

householder7

Yes we both sent in the DQ, both agreed to mediation, I responded to the offer of an appointment & they haven't. I'm prepared that I would have to settle but have no inkling what their idea would be. I realize mediation has no say over any of the rights & wrongs. If I thought it would be possible for it to go on to be decided in some 'remote' way, such as you mention, that would be a huge advance for me than attending in person, I'm in the vulnerable group and couldn't go anywhere at present anyway (presumably a hearing would be down the line but no-one knows where the Covid situation is going & it's added a new element to the whole thing). For speed and one less thing to worry about I was happy to mediate & swallow that it would be partly letting them off the hook. At least if the mediation was going ahead as planned I'd know something one way or the other quickly.

Thanks for your reply.

GDB2222

I would remind the trader about the mediation. It’s a quick remedy for both parties, so in both your interests to try. 

Possibly the trader has no money to settle now, so would rather put it on hold even if it costs more in the long run?

householder7

I did decide to prompt them, it's technically in their best interests so it seemed fair. They appear to have been waiting to hear something & thought if they don't it's not going ahead (it's not like that, we were both supposed to confirm first). Doesn't intend to ring in & try to rearrange mediation even though we were offered a small extension window. They aren't unable to pay afaik but yes it may still be a push it all ahead tactic, doesn't look good to default on the mediation I would've thought but que sera now I suppose. Can't force them to mediate. Annoying because I actually would have preferred the time saved over the money at this stage.

Thanks v much for response.

GDB2222

In small claims, it won’t really count against them not to have mediated. There are no cost penalties the judge can award. He may be browned off and reflect that in his decision, but you’re never going to know that.

householder7

Fair enough, will just have to see what happens next.