Mediation

[Smither53]

Hi is it a legal requirement to to a letter before claim before offering mediation?

Or can it be done with out letter before claim and if unsuccessful then do the letter before going down the court route

[Pezza54]

Hi
ADR or mediation is not a legal requirement and not mandatory before making a civil court claim. It is though, advisable and recommended in CPR
The judge may order a stay in court proceedings so ADR or mediation can take place. If one party refuses to participate, this refusal may be reflected in the judge's award of the other party's legal costs
The small claims track has its own free mediation service which parties can choose to participate in when completing the DQ

It is normal to offer the other party ADR, Mediation etc in the LBA, in an attempt to resolve the dispute before starting a court claim

[Smither53]

Hi Pezza54 thanks. I am looking to do mediation but the other party are stating that I need to do a letter before claim before they will consider /agreeing to it.

So I'm not sure if that is correct and I need to do a LBC before mediation.
Thanks

[Pezza54]

There is no reason why you shouldn't send a LBA with the offer of mediation included in the letter.
It may be the other party wants to be sure you are serious about making the dispute a court claim
Mediation may prove successful in reaching an agreement, Even if it isn't you don't have to start a claim

[atticus]

You should let the other party have a clear idea of the claims you want to resolve.

[Smither53]

Pezza54 atticus - thank you for the response.

It sounds like a LBA would be an idea to send - the other party has not been forthcoming in any of it so far, lot of lies and misdirection in place so unclear on my part if the LBA is an legal requirement before mediation.

In the LBA I presume I will be putting the claim value I am looking to discuss, and reference to documents, do I need to provide all the documents/invoices, etc, or just reference to them?

Thanks for the help so far, this is all very new to me and a complete mind field on top an a failed project which I am down a lot of money on.

[atticus]

Is there a reason not to supply copies of the documents you rely on?

[Smither53]

atticus

Only the fact I have a lot of them, receipts, invoices etc, plus a surveyor report - would make the paperwork a lot - which I'm trying to keep a firm bit of evidence and wasn't sure if needed to show them this at this stage of asking for mediation.

I was wondering if I could list items I have spent money on as a result of their negligence and supply a few rather than them all and pull out relevant quotes from the report.

Thanks

[atticus]

It is difficult having a conversation like this when in response to what I say you come out with information that you consider relevant but had not previously stated.

I will leave it to you to judge what information you will present, and how you will present it.

[Pezza54]

I think I know the reason why the surveyor is asking for a LBA before mediation
All surveyors have to have professional indemnity insurance
OP's LBA will trigger the appointment of a lawyer by the surveyor's insurance company
OP will probably find himself communicating with a lawyer

[Smither53]

atticus - thank you for your help so far - and sorry foer the questions this is all very new to me so just reaching out as its been very stressful - its a vey long story so lots of moving parts so to speak.

Pezza54 - apologies, its an architectural firm asking for evidance of my losses due to thier bad practice and information they have supplied me which had got me into the mess in the first place.

So in a nut shell, they put a contract in place and recommened a constuction firm, kept the contact hidden and then project went south dispite payments being made to CF, so am looking to claim against Arcitect - so offered mediation, but they want a LBA and evidance of losses before ageeing to mediation.

The evidance I have is several receipts/ invoices for work to get project to stage it is at post the constuction firm pulling plug on me plus as well a detailed surveyors report which indicates the losses suffered as a result of thier negaliance.

But I wasnt aware if i need to send all my paperwork to them at the stage of offering mediation and also doing a LBA to offer mediation - or can mediation happen before a LBA.

Hope that makes more sense
Thanks in advance

[atticus]

The OP should read the pre-action protocol for professional negligence claims: https://www.justice.gov.uk/courts/pr...tocol/prot_neg

[Pezza54]

Reading between the lines
The surveyor has either identified faults in the architect's design that were built in to the construction, or the architect failed to supervise the builder properly during construction and the surveyor has found construction defects. OP now wants to mediate with the architect about financial loss before potentially starting a court claim. Architects also have to have PI insurance

[Smither53]

Pezza54 - pretty much correct in some respect, they supplied a contract that required a contract administror (against our wishes to have a CA) but failed to inform us that we requied one and told us a load of lies since to cover tracks.

The report is very strong in favour of myself, but I am ideally not wanting them to see at this stage (if that is possible) or at least all of it - only the relevant bits - the less they have the key information the better if that makes sense.

I have per the complaints policy asked for mediation, but now they are asking for a LBA and evidance of loss before agreeing to mediation.

Hence the original question:

"is it a legal requirement to to a letter before claim before offering mediation?" or can we go to mediatiion without one.

Thanks

[atticus]

It takes two to agree to mediation. You cannot simply insist on it.

You are making a claim against professionals for professional negligence. They are entitled to be given full details. What is more, and as has been said, they will put this in their insurers' hands, and their insurers will instruct solicitors.

You also need to show that you can prove your claim both on liability and amount of damage, so you should not skimp on preparation.

Final thought. What message do you think a reluctance to provide full detail will give about your readiness to take whatever action may be necessary to pursue your claim? Remember that people, and particularly insurers, settle claims because of the risk that the alternative may be worse.