Claim Form (county court business centre) received - 2016 PCNs x 2 + a legal letter for 3rd PCN!

Umkomaas

RS789 said:

Hi all. 

Is there any guidance on conciliation meetings anywhere? Is this the same as directions hearing? 

It's due to take place in person in the next couple of weeks.  Hearings are set for Autumn. 

Did you agree to mediation when you completed the Directions Questionnaire?

RS789

Umkomaas said:

RS789 said:

Hi all. 

Is there any guidance on conciliation meetings anywhere? Is this the same as directions hearing? 

It's due to take place in person in the next couple of weeks.  Hearings are set for Autumn. 

Did you agree to mediation when you completed the Directions Questionnaire?

No - when I submitted the N180 form I ticked the NO box for the question "Do you agree to this case being referred to the smalls claims mediation service". 

Umkomaas

RS789 said:

Umkomaas said:

RS789 said:

Hi all. 

Is there any guidance on conciliation meetings anywhere? Is this the same as directions hearing? 

It's due to take place in person in the next couple of weeks.  Hearings are set for Autumn. 

Did you agree to mediation when you completed the Directions Questionnaire?

No - when I submitted the N180 form I ticked the NO box for the question "Do you agree to this case being referred to the smalls claims mediation service". 

OK, thanks for confirmation. 

Does the letter state 'Conciliation Meeting'?  I can only assume it's a pre-hearing meeting where (often) an inexperienced DDJ will attempt to prevent the case getting to a full hearing, a gentle pressure often aimed at the defendant.  It's normally a duration of  30-minutes. Stay firm. 

RS789

Umkomaas said:

RS789 said:

Umkomaas said:

RS789 said:

Hi all. 

Is there any guidance on conciliation meetings anywhere? Is this the same as directions hearing? 

It's due to take place in person in the next couple of weeks.  Hearings are set for Autumn. 

Did you agree to mediation when you completed the Directions Questionnaire?

No - when I submitted the N180 form I ticked the NO box for the question "Do you agree to this case being referred to the smalls claims mediation service". 

OK, thanks for confirmation. 

Does the letter state 'Conciliation Meeting'?  I can only assume it's a pre-hearing meeting where (often) an inexperienced DDJ will attempt to prevent the case getting to a full hearing, a gentle pressure often aimed at the defendant.  It's normally a duration of  30-minutes. Stay firm. 

Yes, the letter says "the claim itself is listed for a conciliation appointment....the judge will explore with the parties whether the case is capable of agreement or whether the issues between the parties can be narrowed".

Okay thanks.  That is my intention (to stay firm).  I assume the judge doesn't actually essentially run the hearing and go through the Witness Statements etc?  More of a "can a deal be struck" type dicussion?

Jenni_D

Generally. But be careful that the DDJ doesn't insist that you have no defence and rules to award for the Claimant prior to the main hearing. (This has happened before).

Coupon-mad

Sounds similar to a directions hearing, where a rookie Judge wants to know if you will settle. 

Answer: 'No sir/madam. I don't owe this Claimant a penny. I wish to give oral evidence at a hearing, please'.

The rookie Judge will then try to identify the main issues...fine...but their opinion doesn't define the outcome, except in the rare event where this first Judge decides the case on one side is so hopeless that he/she makes a final decision on the spot. We've only seen that once.

We have seen rookie Judges wrongly tell Defendants that they have no case, or that it's weak, and press the D to settle.  D says no thankyou.  D goes on to win!