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Can someone else handle a small claims mediation call on my behalf

Hi all,

I’m a defendant in a small claims case in England and have reached the stage of completing the N180 Directions Questionnaire.

I would prefer not to conduct the mediation call myself due to anxiety, so I wanted to check whether it is permitted for a representative to handle the mediation entirely on my behalf.

Section E1 of the N180 asks for the contact details of the person attending the mediation appointment. Am I able to provide my representative’s details there, or do I still need to include my own details and notify the court or mediation service in advance?

If anyone has experience of this process, how strict is the Small Claims Mediation Service about the named defendant being present? Is prior authorisation sufficient, or is the defendant expected to be available at least at the start of the call?

Any guidance would be appreciated. Thank you.

Comments

  • Blessdays
    Blessdays Posts: 18 Forumite
    10 Posts Name Dropper

    Yes, you can have someone attend on your behalf, but in practice the mediator will usually still expect you to be available on the day (even if just by phone) in case any decisions need to be made.

    From what I’ve seen, the person representing you can handle the discussion, but they won’t be able to agree anything without your authority, so it’s worth being contactable.

    If anxiety is the main issue, you could let the mediation service know in advance – they’re generally quite accommodating and may be able to adjust how the call is handled.

  • Umkomaas
    Umkomaas Posts: 44,982 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Presumably this is in respect of a parking charge? If so, which parking company and who are the solicitors representing them? The progress of cases can vary dependent on which entities are in play. We can guide you.

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • ChirpyChicken
    ChirpyChicken Posts: 3,616 Forumite
    1,000 Posts First Anniversary Name Dropper Photogenic
    edited 28 April at 10:38AM

    no decisions need to be made

    its a 2 minute phone call , all you say is zero offer and thats it

    or you just miss/ignore the call, it makes no difference

  • Coupon-mad
    Coupon-mad Posts: 165,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Totally agree @ChirpyChicken

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • James_Poisson
    James_Poisson Posts: 963 Forumite
    500 Posts First Anniversary Photogenic Name Dropper
    edited 28 April at 12:24PM

    Surely the mediation call is just a simple phone call a bit like phoning to cancel a contract with a supplier no stress at all, how will you get on if it goes to court?

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