Small claims mediation (reject or accept?)

DaninManchester_2

I have filed in court following a long running dispute and  the court has directed us to mediate a solution. The defendant has always and continues to state they are not the responsible party despite this being categorically false. Something i have verified through a number of channels.

Due to the nature of the situation, I am forever bound to this company in contract, and so accepting that they are not responsible is going to be a long running problem.

I was hoping the court would hear the case and review the evidence and declare them responsible if nothing else.

• Is this a good enough basis to reject mediation, or could I seek  a judge to review the situation (if that is even possible) prior to mediation?
• If a solution is mediated but they are not accepting they are the responsible party, is it reasonable to reject the mediated solution on these grounds?

Phoenix72

The judge would rather all resolution channels had been exhausted before it reaches court and it could look favourable on you that you at least tried.

doodling

Hi,

I would recommend that you take the option of mediation, even if it fails in the end - the judge will be happier if the parties have tried all other avenues before the case reaches them.

Please note however that the role of the mediator is prinarily to avoid the case being heard by a court.  They are not looking for a "fair" solution but one which both parties accept and therefore avoids a judge getting involved.  In your case that means that you need to be firm on exactly what you want - do not let yourself be negotiated to a "middle" position if that isn't something acceptable.to you.

I would note that contracts intended to last for eternity are rare so I would be making sure that I had a very clear understanding of the legal basis for any argument I was putting forward in court.

Also note that you need to be clear on exactly what you are trying to achieve - most claims are about a loss of some sort that have happened in the past and people are arguing about who should foot a bill, it sounds like you are seeing to contol the behaviour of someone in the future - that is different to a simple claim.

DaninManchester_2

Thanks. 

I will follow the mediation path.
Would you advise documenting my concerns with the court prior to entering mediation? 

I understand that the mediator is not looking for a fair solution.

I am unwilling to accept a mediated solution where the defendant does not accept they are the responsible party given I am bound to them  .  I am not trying to control their behaviour as such but I do not want to set a dangerous precedent where they can deny they are responsible while having a contractual hold over me.

I have already verified the legals with a solicitor so I am absolutely clear they are the correct party and the nature of the contract. A court would have no problem verifying this. I suspect this corporation is trying to kick the can down the road and settle in mediation without any acceptance to allow them to continue doing what they are doing to me and 1000s of others.

Thinking about it I suppose if they do deny they are the responsible party, there is an argument to be made that the contract is null and void.I will ask my solicitor about this.

Sadly, those contracts are not as rare as you think and many people wont realise until it's too late.

Wonka_2

There probably needs to be a bit more detail as @doodling suggests

If the defendant is claiming they're not responsible then is there an alternative party that it's suggested is ?

And on what sort of basis is the claim - a property issue ? Medical negligence ? 

DaninManchester_2

It relates to contractual obligations under Title charges. 

No, there is no alternative party suggested.  Everyone is just shrugging and pointing at each other.

GDB2222

You can't go wrong by agreeing to mediate, as you have said. There's no obligation to agree anything in mediation, so you just have to go through the motions. If you want an acknowledgement of the other party's liability, and they won't give it, then the mediation is doomed. 

If you want to have any advice on the merits of your case, you'll need to post a lot more detail. I can well understand that you won't want to do that.

chanz4

I do court cases on a daily basis, mediation isnt mandatory

GDB2222

chanz4 said:

I do court cases on a daily basis, mediation isnt mandatory

I agree, but most people find court hearings stressful. So, I'd suggest trying to mediate. Apart from losing 30 minutes on the phone, there's no downside.