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If a dispute is to go to mediation what is the timing ?.Do both parties have to be fully aware of what each is claiming before committing to mediation ? Or, is this something the mediator clarifies after the process is begun ? Is there a legal timescale for the process ?
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It always helps to know what you are supposed to be attempting to settle. I would want to know the full details before going into mediation.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf -
Appreciated. It is what I feel but it's needing to avoid any false steps if it ends up in litigation.Comment
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I was previously advised. Make notes to remind yourself of all relevant questions you wish to bring to the Judge. Remember do not deviate from the case or embellish it, any points you consider are a problem consult a SolicitorComment
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Is each and every director of a company involved entitled to be at mediation if they so wish ?Comment
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From their point of view: should they so wish, why not?
From the other party's point of view: I would be concerned that they might not have agreed their company's approach and given appropriate decision making authority. Will you be negotiating with someone who is trying to herd cats?Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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I was thinking more if other side doesn't agree to them being there.
I received lots of help on Swarbs Law about this, fortunately unusual, leaseholder. Still dragging on.Comment
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Is the other party objecting? If so, ask why. You may then be able to address the objection. Perhaps this is something the mediator can help resolve in advance.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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Appreciated. The other party is somewhat difficult so might not be able to start !!Comment
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good luck!Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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Thanks both. It will be needed, this has gone on for years.Comment
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When selecting a mediator for a property repair dispute are you better choosing one who is a surveyor or barrister or neither ?
Is there a body who would appoint one so neither party determines who it is ?Comment
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My view (others may have different thoughts): A lot depends on the detail of the dispute. But above all, you surely want someone who is experienced as a mediator.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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Thanks for prompt and helpful reply. I agree. It is difficult to evaluate the quality and value of a surveyor.Comment
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