HELP PLEASE! Residential defence witness statement against PCN claims brought by DCB Legal

James_Poisson

Waldo03 said:

My mediation appointment has been scheduled for next week. I will, of course, be highlighting the key points from my defence, such as the primacy of contract, cause of action estoppel, and the fact that the claimant previously withdrew two claims against me before the hearing. Is there anything else I should mention or be mindful of, particularly from those who have been through mediation in similar circumstances?

Happy holidays!

Forget all that, the mediator is just basically a fancy title for a person that has had some training in passing a message between two people.

When compulsory mediation was announced they recruited people to be trained up very quickly to double the mediation staff pool, they certainly have no interest, training, or expertise in the case, they only attempt to get a financial settlement prior to court.

Coupon-mad

Revisit the 8 steps in the Template Defence thread. You seem to have missed the advice about this pointless stage and won't be discussing any of that stuff.

5 mins. Phone down. 

Waldo03

Coupon-mad said:

Revisit the 8 steps in the Template Defence thread. You seem to have missed the advice about this pointless stage and won't be discussing any of that stuff.

5 mins. Phone down. 

I just asked in case there is a current insight into mediation calls   Thank you CM for your guidance and help 🙏

Gr1pr

There is insight,  in the sticky threads in announcements,  plus numerous feedback posts in scores of cases

You are discussing a settlement figure to end the case,  or are offering £zero,  no settlement,  in which case the claim continues 

You appeared to assume that you would be speaking about the case and your defence,  instead of reading the 8 steps and knowing that you would be discussing monetary settlement figures,  or no offer,  goodbye  !

Do not discuss the case itself 

Waldo03

Gr1pr said:

You appeared to assume that you would be speaking about the case and your defence,  instead of reading the 8 steps and knowing that you would be discussing monetary settlement figures,  or no offer,  goodbye  !

Do not discuss the case itself 

The email I received from the Mediation Service says "You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points."

Gr1pr

Waldo03 said:

Gr1pr said:

You appeared to assume that you would be speaking about the case and your defence,  instead of reading the 8 steps and knowing that you would be discussing monetary settlement figures,  or no offer,  goodbye  !

Do not discuss the case itself 

The email I received from the Mediation Service says "You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points."

Yes, we know what it says,  its been the same for the last 18 months 

Doesn't change our advice 

Coupon-mad

Waldo03 said:

Gr1pr said:

You appeared to assume that you would be speaking about the case and your defence,  instead of reading the 8 steps and knowing that you would be discussing monetary settlement figures,  or no offer,  goodbye  !

Do not discuss the case itself 

The email I received from the Mediation Service says "You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points."

We know. Everyone gets that.

But we hope all newbies should already know and be informed and pre-armed from reading the 8 steps, not to do that.

Le_Kirk

Waldo03 said:

The email I received from the Mediation Service says "You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points."

Here is a summary of my main points: -
You "I offer £zero"
Mediator "Not accepted"
You "Goodbye"
OR
You "I offer £zero"
Mediator "Accepted"
You "Thank you and Goodbye"