Smalls Claims Mediation Service

pedro789

Hi
I've agreed to small claims mediation this week + appreciate any insights/tips on the process.
Bit of background.

I had new floor fitted last year.
I paid 50% up front but floor was badly fitted.
The company came back but didn't fix it, it was still really bad.
Not just my opinion, I had independent consultant do report which validated the issues I'd raised.

I made a claim to credit card company + they agreed, repaying me 50% deposit.
However the company also kept 50% deposit, as it was outside chargeback peiod.

Long story short, this has been going on for months.
The company have been chasing me for remaining 50%.
Eventually they offered 10% discount.
But I don't believe the work is worth anything more than 50% they've received.  
They've made claim to small courts + have mediation next week.

Is mediation process to get me to agree to pay something + avoid going to court?
Thanks

DullGreyGuy

Was the Credit Card "claim" a chargeback or a S75? 

Court is intended to be the last resort hence we have the CPR requiring you to negotiate etc before issuing, we have every more ADR services being setup and the courts themselves are promoting various ADR schemes.

Mediation is one type of ADR, a neutral third party is appointed to help dialog with the aim of the parties coming to an agreement. The Mediator isnt there to make judgement or express their own opinion etc just to try to come to a conclusion. Its one of those situations where when it works both sides feel they've come away with below their ideal situation. 

From what I can make out you paid 50%, did a S75 claim and so presently have paid nothing for your floor. Unless the independent expert says the cost of fixing it is more than the total amount quoted it feels you have room to pay something towards their costs and still have only personally paid a modest amount.

pedro789

DullGreyGuy said:

Was the Credit Card "claim" a chargeback or a S75? 

Court is intended to be the last resort hence we have the CPR requiring you to negotiate etc before issuing, we have every more ADR services being setup and the courts themselves are promoting various ADR schemes.

Mediation is one type of ADR, a neutral third party is appointed to help dialog with the aim of the parties coming to an agreement. The Mediator isnt there to make judgement or express their own opinion etc just to try to come to a conclusion. Its one of those situations where when it works both sides feel they've come away with below their ideal situation. 

From what I can make out you paid 50%, did a S75 claim and so presently have paid nothing for your floor. Unless the independent expert says the cost of fixing it is more than the total amount quoted it feels you have room to pay something towards their costs and still have only personally paid a modest amount.

Thanks for response.
Yes it was S75.
The floor company kept deposit, as it was outside timescale for chargeback.
So CC company reimbursed my 50% + company kept kept 50% deposit.
The independent consultant said they were 'lucky to get 50%', although this wasn't in report.
I've had other companies come to look at costs for fixing + described it as 'shocking'.
I've never had to do anything like this before + not sure mediation process involves.   

DullGreyGuy

You've paid 0%
They've got 50%

If you were to pay 25% then thats all you've paid any they are at 75% which may be enough to end it all. Presumably you didnt file a counterclaim?

As to what expect with mediation, have a look at https://www.gov.uk/guidance/a-guide-to-civil-mediation 

born_again

S75 will have been paid by Credit card. 

Clearly the company think you are withholding the balance of payment. Hence court action. So you need to prove your case on a floor that was badly fitted. Having the CC S75 payout, will help, as it will strengthen the breech of contract case, or they would not have paid out.

At the moment you have paid nothing for the floor.

pedro789

born_again said:

S75 will have been paid by Credit card. 

Clearly the company think you are withholding the balance of payment. Hence court action. So you need to prove your case on a floor that was badly fitted. Having the CC S75 payout, will help, as it will strengthen the breech of contract case, or they would not have paid out.

At the moment you have paid nothing for the floor.

Thanks for response.

Yes I haven't paid anything, but they've had 50% which I've been told by expert 'is all it's worth'. The independent report validates it was badly fitted.

The floor isn't worth 90% of original cost, which is what they want.

But I don't want to appear unreasonable in mediation, in case it ends up in court.

So even though I don't believe it's worth anything more than 50%, I would consider some payment to reach settlement.

tacpot12

You consider it worth 50%, they are prepared to accept 90%. What you can agree on is for the mediator to help you find out. Being prepared to compromise is generally a good thing, but I think you should consider standing your ground if they want more than 70%, and won't agree to anything less than this. 

The mediator shouldn't really comment on whether they find your expert witness report compelling, but you might get them to reveal this to you privately, and this might give you the confidence to take this to court. What they should do is help you understand why the company doesn't find it compelling - they should facilitate a discussion on this point as part of the mediation session. If you can understand the flaws the company see in the report, you might be able to resolve those issues before the judge sees it. If you agree that there are flaws and the report is not a convincing as you thought it was, you might need to settle at a hgiher amount than you are currently thinking. 

pedro789

tacpot12 said:

You consider it worth 50%, they are prepared to accept 90%. What you can agree on is for the mediator to help you find out. Being prepared to compromise is generally a good thing, but I think you should consider standing your ground if they want more than 70%, and won't agree to anything less than this. 

The mediator shouldn't really comment on whether they find your expert witness report compelling, but you might get them to reveal this to you privately, and this might give you the confidence to take this to court. What they should do is help you understand why the company doesn't find it compelling - they should facilitate a discussion on this point as part of the mediation session. If you can understand the flaws the company see in the report, you might be able to resolve those issues before the judge sees it. If you agree that there are flaws and the report is not a convincing as you thought it was, you might need to settle at a hgiher amount than you are currently thinking. 

Thank you, that's really useful.

The report was created by specialist with 40 years experience who deals with disputes like this everyday. Totally independent.

The report validated the issues I raised + was agreed by CC company.

The flooring company have offered nothing to suggest it's worth original price (or 90%), even though I suggested they commission own report or get trade org/ombudsman to look at work 

Thanks again.