Does invitation for Mediation mean the other side have indicated likewise?

[Tigs]

I am involved in a dispute with a trade union who failed to represent me when facing serious work difficulties. I indicated that I was open to mediation in the Allocation Questionnaire. Now the HM Courts and Tribunals Service has contacted me to arrange a mediation appointment.

Does anyone know if this means that the other side have also shown a willingness for mediation? Clearly, it takes 'two to tango' and I'm thinking that the Court's attempt to mediate might be an indication that the other side is also willing to mediate.

I would be grateful for members' views please. Thank you.

[enaid]

Re: Does invitation for Mediation mean the other side have indicated likewise?

No expert tigs but I think that is the norm in these cases that you are given the chance to mediate. I did it through ACAS and it worked for me.

[Eloise01]

Re: Does invitation for Mediation mean the other side have indicated likewise?

It depends entirely on what you think mediation means in legal terms. No it does not mean that the other side has indicated they would be willing to enter into mediation - the court may decide to make that offer regardless of what anyone has said. Nor does it mean that anyone (on either side) is prepared to change their position. And mediation is not offered only to try to resolve the problem - a court may decide upon mediation to try to highlight that one side or the other hasn't a case or hasn't any chance of winning. Mediation in legal terms does not always mean the same thing as mediation in the outside world. It depends on what the court thinks the benefit of mediation may be, so do not assume that it is to reach agreement, because it may not be.

[Tigs]

Re: Does invitation for Mediation mean the other side have indicated likewise?

Thank you Eloise01 and Enaid. I appreciate the enlightenment. I was just surprised by the offer of a mediation appointment because the other side has been extremely dismissive.

[Tigs]

Re: Does invitation for Mediation mean the other side have indicated likewise?

This case is on - going and the mediation people never contacted me, despite follow up correspondence to querying the initial contact with me and that nothing has become of that particular situation. I am now in a case management process, with an allocation to the small cliams track. The Notice says "The District Judge has considered your case suitable for mediation and you are therefore invited to use the free and confidential Small Claims Mediation Service etc.

There has been no directions given as to the various case management stages (such as submission of statements and exchange of documents between parties). But the case has been listed for 1 August.


My question to members is:- (i) Has anyone ever experienced this set of circumstances? (ii) Are there any implications I can read into this (the amount claimed is £5k)?