Telephone mediation for small claim

[Thankyou4calling]

I’m making a small claim against a company and both parties have agreed to endeavour to resolve via phone mediation.

Essentially a court official calls both parties (separately) and then makes a decision.

Has anyone got experience of this that can give pointers or advice?

Much appreciated.

[anonymous-user]

The mediator will not make a decision. Mediation is an alternative to adjudication by the court. The mediator tries to facilitate a negotiated settlement. If the parties cannot reach agreement, the case can still go on to trial.

I suggest that you focus on what your objective is and on what practical outcome you would accept. Do not approach a mediation as an attempt to win. It’s about making a deal.

[hutchst]

I did one by proxy a couple of years ago with my (now ex-) wife. She was the claimant.

BV72's advice is spot on, but I suggest you set your bottom line in your mind before it starts, and dont budge. The opponent in my ex's case was all over the place, my ex made a reasonable counter offer and stuck to it. There was no agreement during the mediation, but a week later her opponent accepted her counter offer.

[Thankyou4calling]

Thanks for the replies

My bottom line is payment in full.

Let’s see what happens

[anonymous-user]

In that case you have the wrong mind set for a mediation and are wasting the time of the mediator and your opponent.

In rare cases, a party that enters a mediation with no intention to compromise can later be penalised by a costs order.

[alfie2244]

Thankyou4calling said:

Thanks for the replies

My bottom line is payment in full.

Let’s see what happens

Not sure mediation will work then

[Thankyou4calling]

I take all on board.

It just feels (to me) a pretty clear cut case.

[anonymous-user]

In litigation nothing is certain. Try to see the other side's point of view. Have you taken advice on the case?

[Thankyou4calling]

I’ve not taken any professional advice no.

[hutchst]

Thankyou4calling said:

Thanks for the replies

My bottom line is payment in full.

Let’s see what happens

So was my ex. Her offer was payment of the principle amount in full, and waive all additional fees, costs and interest.

He paid in full a week later.

However, the facts of your case may be different.

[anonymous-user]

An independent assessment by someone experienced in dispute resolution could be a good idea. You can ask on here but you have to apply some caution to the answers as this forum is the home of a lot of well meant but wrong advice.

[Thankyou4calling]

In a nutshell I was contracted for three months to a company. Contract stated it could be terminated by either party with a months notice.

It was terminated without notice and no months payment made.

So I’ve gone to small claims for the months pay.

[anonymous-user]

Does the other side put forward any reason for non payment?

[Thankyou4calling]

I was rude to staff
Parked in the wrong place
I intimidated the owner

There was no provision in the contract for circumstances or the reason to terminate.

It was agreed as both parties were happy with a months notice.

[anonymous-user]

If the contract was for personal services then it arguably included an implied term that you would not act in such a way as to damage mutual trust and confidence. A breach of that term could give a basis for termination without notice. The contract also contained an implied term requiring reasonable care and skill. All depends on what view the court takes on the evidence.

[Thankyou4calling]

Indeed

But I wasn’t rude and didn’t intimidate.

I did park illegally but why should an employer worry where I park.

I was there as a consultant, have an opinion and plannas to how to build the business.

It wasn’t well received and I received an e mail saying I was no longer required.

Contract says a months notice. They drew up the contract.

[alfie2244]

https://global.oup.com/academic/product/the-jackso...

[Meoricin]

alfie2244 said:

Thankyou4calling said:

Thanks for the replies

My bottom line is payment in full.

Let’s see what happens

Not sure mediation will work then

Indeed - the whole point is that you're prepared to discuss settlement - saying you won't negotiate or take into account alternative options just makes you look unreasonable. Should have ticked 'no' on your DQs.

[Graveworm]

Thankyou4calling said:

Indeed

But I wasn’t rude and didn’t intimidate.

I did park illegally but why should an employer worry where I park.

I was there as a consultant, have an opinion and plannas to how to build the business.

It wasn’t well received and I received an e mail saying I was no longer required.

Contract says a months notice. They drew up the contract.

Your assertion that you didn't definitely falls into MRDA. The parking could reflect on the company and cause discord. There are implied terms, if they find you in breach of them then they don't automatically have to honour the part you want them to. Mediation is a good opportunity to see where they are coming from and unless you really think you have a 100% chance of success then you have to decide at what point you are winning.

[Escapegoat]

Meoricin said:

Indeed - the whole point is that you're prepared to discuss settlement - saying you won't negotiate or take into account alternative options just makes you look unreasonable. Should have ticked 'no' on your DQs.

This.

Have also been through mediation. I knew that my evidence was stronger (same sort of thing, emails with a clear-cut meaning in my favour), but on the day, getting it over at little actual cost to me was more important than being right.