Mediation - Should I take the option of mediation?

Galloglass

This frequently asked question, always gets a firm "No" when asked as a case comes towards the end of a 6 month exchange between the Claimant (usually their solicitor) and Defendant motorist. But in every case, there is another party which is the court itself? And what do they think?

The County Court has a User Group who are being consulted on the idea of compulsory mediation and asked which type of case should be exempt and why? Their answer

All cases, unless every party has requested mediation. It is pointless to force parties to mediate unless they are willing to do so. It simply creates unnecessary delay and costs, effectively presenting a barrier to justice.

This User Group represents firms that issue 85% of all money claims in the County Court - the type of claim a motorist will receive. They are the bulk issuers of claims and generate the demand for court services and work for judges. As the User Group says, mediation will generate additional costs for them/motorists and additional (paid) work for judges. So before you think about mediation, ask yourself who wants it?

https://www.ccua.org.uk/uploads/consultations/114/CCUA-Response-Mediation.pdf

Le_Kirk

What is the point of mediation?  I ask that as a genuine question; somebody or some organisation must have thought it would be a good idea and would shorten the process whilst still leaving the defendant and clamant in a position where they would both be satisfied (or part satisfied).  Is it about the money?  If so, maybe it is only suited to cases where the fault has been determined (by a judge) and the mediation service is asked to decide on a level of compensation.  In most, if not all, parking cases, the "fault" has not been determined and defendants are being asked to let a non-judge decide the fault/guilt and then award a level of compensation to the claimant.

Coupon-mad

Yes, I pointed that Consultation out to the DLUHC and put across my view to them and also managed to do the Consultation, as per this thread:
https://forums.moneysavingexpert.com/discussion/6391800/closed-moj-consultation-about-mandatory-adr-mediation-in-small-claims/p1

Snakes_Belly

Mediation can work in certain circumstances but parking claims are not one of them. 

Can work in an insurance claim if the offer is unacceptable. 

patient_dream

Mediation is not an option for a scam, that is the parking industry.

Before mediation the courts must first question and consider those judges who are ignorant of the law and the scam

Ibulis

Hello, I agreed to mediation as it seemed the 'right' thing to do but having read this thread (and the Newbies thread) I've realised that it will serve no purpose in my case as I don't want to reach a compromise; I have also just received an email from the Mediation service themselves telling me that unless 'I am willing to negotiate on the amount of the claim and I will consider a compromise' then mediation is not appropriate.

Would anyone here on this forum be able to offer advice or point me to specific threads where I will find advice on next steps? I can't find anything specifically about mediation on the Newbies thread but presume that thread will come in handy again when my case goes to court and I need to prepare all the documentation. 

If I now refuse mediation will this be held against me when the case goes to the small claims court?

Happy to provide more information but just wanted to check that I'm reading the most up-to-date information on this forum first.

Coupon-mad

If I now refuse mediation will this be held against me when the case goes to the small claims court?

Not at all.

Reply saying you can't tick yes to any of the questions so mediation must be cancelled.