Small Claims Mediation

[Heyes]

Would a defendant in a typical Lowell-type case (where the validity of a claim could be unproven due to lack of paperwork etcetera) be wise to opt for Mediation rather than a normal hearing?

[nemesis45]

Re: Small Claims Mediation

Would a defendant in a typical Lowell-type case (where the validity of a claim could be unproven due to lack of paperwork etcetera) be wise to opt for Mediation rather than a normal hearing?

Good morning,
The court expects the parties to a claim to at least attempt to resolve the matter without recourse to a hearing. HMCTS Small Claims Mediation Service conducts mediation appointments.

You will be asked certain questions about the possibility of mediation most importantly " Do you have all the documents to enable mediation to take place"?

If you don't have the document mediation, will not take place.

Tick Yes to mediation it shows your are willing to resolve the matter.

nem

[Heyes]

Re: Small Claims Mediation

Thanks.

So, in the common scenario of Lowell/similar filing a claim for which they know they might not have the supporting paperwork and are relying on a default judgment through the defendant not responding... on filing a defence and submitting a CPR/other request, what should a defendant do?

Their defence relies on hoping the claimant can't produce the paperwork, for which my understanding is that without such the case can't proceed.

So, on receiving a DQ, should the defendant therefore agree to mediation?

I'm wondering if mediation applies a less-rigorous onus of proof on the claimant.

I've another post on 'when is a DQ sent to the defendant?' If you're also able to answer that I'll be appreciative.

[nemesis45]

Re: Small Claims Mediation

Thanks.

So, in the common scenario of Lowell/similar filing a claim for which they know they might not have the supporting paperwork and are relying on a default judgment through the defendant not responding... on filing a defence and submitting a CPR/other request, what should a defendant do The non compliance with the CCA request forms part of the defence. Don't chase CCA request, Do Chase CPR.

Their defence relies on hoping the claimant can't produce the paperwork, for which my understanding is that without such the case can't proceed No agreement or compliant reconstituted agreement prevents enforcement. The Claimant can continue the claim right up to the date of hearing. The claimant can ask for more time to find documents,

So, on receiving a DQ, should the defendant therefore agree to mediation? Yes


I'm wondering if mediation applies a less-rigorous onus of proof on the clnoaimant. Mediation is Not a trial no judgement is made either way, it is a process of negotiation. If the parties agree the usual outcome is payment plant agreed and secured by a " consent/Tomlin order, no CCJ is handed down the claim remains stayed as long as payments are maintained.

I've another post on 'when is a DQ sent to the defendant?' If you're also able to answer that I'll be appreciative.

Why have you started another thread for this it's confusing !

nem

[Heyes]

Re: Small Claims Mediation

Why have you started another thread for this it's confusing !

nem

I'm not aware that I have. To my knowledge, I have two - each two different questions:

This one asking about the potential suitability of mediation.
And another asking when a DQ is sent by the court. (A question I repeated here because I received an informed answer on the related topic.)

If there's another, it's an error - which I'll check.

UPDATE: I apparently have two threads concerning 'when a DQ is sent'. Clearly an error, so I've edited accordingly and shall request one be removed. Thanks for the heads-up.

[CLL1]

Re: Small Claims Mediation

DQs are sent to both parties once the claim has been provisionally allocated.

[Heyes]

Re: Small Claims Mediation

DQs are sent to both parties once the claim has been provisionally allocated.

Thanks.

So what I read elsewhere (smallclaimscourtgenie) is incorrect? [After a defence to the claim is filed, the court will send directions questionnaires to the parties for them to complete.]

I'm still confused by my point in another thread... a friend of mine, having sent the CCA/CPR requests to the plaintiff/solicitor and received the usual 'may take some time' acknowledgment, has now received a 'change of solicitor' notice (Lowells replacing Cohen Cramer) and what appears to be a Directions questionnaire completed on behalf of the Plaintiff (also Lowells). She herself hasn't received a DQ.

[Amethyst]

Re: Small Claims Mediation

No that is correct - once you defend the defence is sent to the other side then DQ's are sent out - after defence, the case is provisionally allocated to a track ( so they know which form to send you small claims DQ or fast/multi track DQ) - then when you both complete the forms and return them the case is allocated fully to track and to the relevant court.

Your friend should give the court a call if she hasn't received a DQ and check with them - she can download it from the HMCTS site and fill it in - likely N180 but possibly N181 - depending on the value.

[Heyes]

Re: Small Claims Mediation

...once you defend the defence is sent to the other side then DQ's are sent out - after defence, the case is provisionally allocated to a track ( so they know which form to send you small claims DQ or fast/multi track DQ) - then when you both complete the forms and return them the case is allocated fully to track and to the relevant court.

Your friend should give the court a call if she hasn't received a DQ and check with them - she can download it from the HMCTS site and fill it in - likely N180 but possibly N181 - depending on the value.

Thanks.
So if my fading brain has grasped this... having already filed a defence she should already have received a DQ, and because she hasn't should contact the court to advise them and request/download one which she should then complete and send.

And, back to my initial points, which I hope you're able to clarify...

#1 She should agree to mediation, even though the CCA/CPR-requested info hasn't been provided?
#2 And, if such paperwork isn't produced, the mediation won't proceed?
#3 Will mediation likely favor the plaintiff, more than a formal hearing?

[Amethyst]

Re: Small Claims Mediation

So if my fading brain has grasped this... having already filed a defence she should already have received a DQ, and because she hasn't should contact the court to advise them and request/download one which she should then complete and send.

Yes

[Amethyst]

Re: Small Claims Mediation

#1 She should agree to mediation, even though the CCA/CPR-requested info hasn't been provided? YES - then when Mediation call to arrange ( or she calls them to arrange) tell the mediation lady that she hasn't had any docs off the claimant so isn't really in a position to mediate without any evidence of their claim.

#2 And, if such paperwork isn't produced, the mediation won't proceed? Yep
#3 Will mediation likely favor the plaintiff, more than a formal hearing? Nope, mediation is just informal negotiations so isn't really relevant to the formal hearing unless settlement is agreed - if not then Mediation has nothing to do with the outcome of the final case

[Heyes]

Re: Small Claims Mediation

#1 She should agree to mediation...

Excellent.
Thanks hugely for this.
You do a good thing here - it genuinely helps people, and is very much appreciated.
:-)

[Amethyst]

Re: Small Claims Mediation

not a problem xx Just keep the thread updating as you go through the process so peeps can help where needed

[Heyes]

Re: Small Claims Mediation

not a problem xx Just keep the thread updating as you go through the process so peeps can help where needed

Thanks. Will do.
Hopefully after this lastest 'OMG whadda-I-do?' (that's my reaction, not her's) thing she'll be ok, and I can get back in my box until the next crisis (my own life seems mercifully calm lately... this surely can't last).

[Amethyst]

Re: Small Claims Mediation

Depends on the claim really, is it under £10k ? These things can drag on for a good few months, and can change quite quickly ( if they come up with the CCA etc ) so try get her on here but def make sure she keeps you in the loop so you can check on here.