Crafty ploy to reduce court claims proceeding?

[Pezza54]

N180 Directions Questionnaire for the small claims track now states parties must attend the free mediation service at the arranged appointment time
Failure to do so may result in sanctions and the possibility of the party's statement of case being struck out

[Pezza54]

Does the court regard being available on a phone the same as attending? I can't envisage a party's solicitor travelling the length of the country to attend mediation for a small claim

[atticus]

2 points:

1. Small Claims mediation is usually by telephone.

2. The state provides the court system as a means to resolve disputes between citizens. You use that system on the state's terms.

[Pezza54]

I am not sure small claims track mediation is by phone anymore
The previous N180 stated a hour slot was provided for the mediation service to be carried out by phone calls
The latest N180 states parties will be required to attend mediation - no mention of phone calls- and goes on to provide possible punishment the court may administer if a party fails to attend

[pc52straw]

It used to be optional but has been baked into the system for a while now.

Its only purpose is to have a "without prejudice" opportunity for both parties to explain their current position with an intermediary, and come to an agreement without going to court. Just like jury deliberations, these are closed conversations that can't be presented as evidence.

https://insidehmcts.blog.gov.uk/2024...-claims-cases/

I'd be amazed if remote attendance has been watered down given mediation can happen outside of the assigned county court, and much investment has been made to accommodate disability and neuro diversity.

The costs of legal representatives from both sides attending in person would defeat the objective of the whole process - which is to explore options for an equitable outcome at far less cost without going to court.

[PallasAthena]

This is the Practice Direction amending the CPR. Technically I see it's a two year pilot that started 24 May 2024

cpr-166-pd-update.pdf

This gov.uk guidance confirms that it is:

-- mandatory for MCOL claims under £10k
-- by phone (seemingly no face to face option for under £10k claims)
-- free
-- You can have a solicitor or friend with you during the mediation phone call (presumably either sitting with you or dialling in from wherever they are)
-- sanctions can be applied by judge if you no show, including having your case struck out or costs against you. You get the chance to first explain to the judge your reasons for non-attendance.
-- "does not in any event apply to road traffic accident or personal injury claims" [CPR 26.6.(2)]

Respond to a court claim for money: Resolve the claim through mediation - GOV.UK


HMCTS have put a helpful video on YouTube

What is small claims mediation?

[Pezza54]

The latest N180 is dated 11/24
If the intention is to conduct mediation on the phone why use the word "attend" and not "take part in"
Most people when asked to attend a meeting would believe they need to be present at the meeting

I wouldn't be surprised if whoever drafted the latest N180 didn't realise small claims track mediation is conducted by phone calls

[echat11]

It's a Free Mediation Service for the parties, but there are 'inherent' costs.
They will have stats on, parties using the service, non-attendance for the meeting, parties that should use the service but didn't opt to use it etc.

Also as an aside, the 'abuse' of the Courts i.e. commercial entities churning out claims on mass without the 'due diligence' to succeed etc.

[ALI2024]

I am not sure small claims track mediation is by phone anymore
The previous N180 stated a hour slot was provided for the mediation service to be carried out by phone calls
The latest N180 states parties will be required to attend mediation - no mention of phone calls- and goes on to provide possible punishment the court may administer if a party fails to attend

Ours was (last month). It was a bit of a waste of time tbh, but it was mandatory and they called towards the start of the time slot. It sounded like they were listening to us on one line then listening to the defendant on the other.

[echat11]

Ours was (last month). It was a bit of a waste of time tbh, but it was mandatory and they called towards the start of the time slot. It sounded like they were listening to us on one line then listening to the defendant on the other.

Yes, that's how Mediation works, they relay from one party to the other etc.
It does work in some cases, but not all.