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I am trying to recover money I lent someone via the small claims process. The claimant completed a part admission and explained the reduction as being due to money they thought I should pay them. This was something new they brought up after I issued my particulars and they didn't raise it as a counter claim so I haven't had an opportunity to respond. The part admission is only about 25% of the total debt so I have compiled evidence and documentation to show it is not true.
We have both agreed to mediation and I wanted to know how I can present the documents to the defendant in advance. I don't want mediation to fail because I mention evidence which the defendant has not seen nor for it to potentially become privileged because it's discussed in mediation. I also hope the defendant may see the evidence beforehand and possibly be more reasonable in reaching agreement via mediation.
Can I serve the documentation directly to the defendant (in a similar format to the additional particulars I issued) and then file an N215 with the court or is there some other process I should follow?
We have both agreed to mediation and I wanted to know how I can present the documents to the defendant in advance. I don't want mediation to fail because I mention evidence which the defendant has not seen nor for it to potentially become privileged because it's discussed in mediation. I also hope the defendant may see the evidence beforehand and possibly be more reasonable in reaching agreement via mediation.
Can I serve the documentation directly to the defendant (in a similar format to the additional particulars I issued) and then file an N215 with the court or is there some other process I should follow?
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