Mediation - is it worth it?

[jeff silver]

I’m being sued by Lowells for an alleged mobile phone debt which I dispute in full. I’ve also counterclaimed for damages for their harassment and breach of contract/sale of goods act etc
The case has been tracked as a small claim.
Is it best to say yes or no to mediation?
My feeling is there are too many arguments on legal issues for a mediator

[R0b]

Re: Mediation - is it worth it?

Generally a court would expect you to try at least mediation if it is appropriate, but depends on the circumstances. Sometimes mediation is not appropriate if both sides are poles apart and no matter how much mediation you conduct, you won't get any closer to settlement. I find the small claims mediation service to be a bit crap to say the least and isn't helpful at all. No doubt Lowells would want to seek the full amount in mediation so if you disagree then you have wasted each other's time anyway.

That does not stop you from sending a letter to them with an offer to settle, this would go to show that you have attempted to settle the claim and thus avoiding court.

[warwick65]

Re: Mediation - is it worth it?

I am not sure that sending a letter with an offer is a good idea unless it is headed without prejudice because it could be seen by the court as an admission of liability.

The questions I suppose are
1) Did you ever have an account with 3?
2) If you did, why are you disputing it ? - A question and not intended to be aggressive in any way
3) What steps have you taken prior to it getting to the DQ stage . I assume you completed your DQ and said yes to mediation or is his the stage you are at now?

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You might divide, if it is a relatively small amount that you MAY owe to offer a small amount at mediation (which is confidential and over the phone) in order to make it go away.