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Preparation for mediation

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  • Preparation for mediation

    I have previously received help via a previous post but the title is no longer appropriate so thought it best to start a new post. I am the claimant in a fast track money claim for breach of contract which has moved on to the mediation stage. I am confident I will win if the case gets to court in which case I assume I would get interest plus court fees from the defendant. We are due to enter into mediation soon ( I have declined two without prejudice offers). I would like to start the mediation process by saying I want the original debt plus the interest and costs incurred (all of which are on the claim form ) but also storage costs for goods I am holding for the defendant. I am willing to negotiate down but want to start with the maximum sum. Am I bound in any way to only asking for the original debt. You may think this is a dumb question but this process is new to me. Can I also ask for a full written apology as well? Thanks.
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  • #2
    Re: Preparation for mediation

    edwardparker
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    “The only man who sticks closer to you in adversity more than a friend, is a creditor.”

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    • #3
      Re: Preparation for mediation

      Originally posted by Harassed63 View Post
      I have previously received help via a previous post but the title is no longer appropriate so thought it best to start a new post. I am the claimant in a fast track money claim for breach of contract which has moved on to the mediation stage. I am confident I will win if the case gets to court in which case I assume I would get interest plus court fees from the defendant. We are due to enter into mediation soon ( I have declined two without prejudice offers). I would like to start the mediation process by saying I want the original debt plus the interest and costs incurred (all of which are on the claim form ) but also storage costs for goods I am holding for the defendant. I am willing to negotiate down but want to start with the maximum sum. Am I bound in any way to only asking for the original debt. You may think this is a dumb question but this process is new to me. Can I also ask for a full written apology as well? Thanks.
      You say you want storage costs and a written apology as well.
      Have you notified the third party that you will be charging for storage?
      If not, would he be liable for them?
      As for the written apology, I don't think he has too.
      I think that what you can ask for, is what you are claiming to have lost.
      If this does include interest, which may very well be capped by legislation, and your costs.
      Then that is what you should ask for.
      Storage costs I believe, would be down to negotiations.
      Unless it goes to court where a judge would decide the issue.
      “The only man who sticks closer to you in adversity more than a friend, is a creditor.”

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      • #4
        Re: Preparation for mediation

        Have you advised the mediator of your want's and have they prepared a 'memorandum of understanding'


        Also be warned mediation can be very expensive

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        • #5
          Re: Preparation for mediation

          Hi - it's some time since my last post, just to say the company sett;ed of court prior to mediation. Invoices settled in full plus interest plus court costs. many thanks for all your help. I felt as if I was David up against Goliath!

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