Small Claims Mediation Service - anyone used them?

[Halifax71]

I hoping my claim against Barclays will result in one in the next couple of weeks. Both of us have now agreed after a minor standoff

Understand they're usually over the phone, circa an hour and the aim is to strike a deal rather than getting into the legal technicalities and that the format is usually alternating phone calls.

That's as far as my understanding goes - anyone any first hand experience.

As you'd expect Barclays have engaged a London Law firm to defend, so I guess they will have a bit more experience than me.

Thanks in advance.

[des8]

Re: Small Claims Mediation Service - anyone used them?

In those I've been involved in the mediator starts by finding out what both sides want, and then tries to find out what they are prepared to settle at.
If not too far apart he will put to each party the offer made by the other and try and reduce the difference till an acceptable compromise is found.
Have ready the settlement figure you really want and the figure you would settle for and then the final figure!!
Have your arguments to hand as well.

The mediators are fine, not judgemental nor trying to tie you up in knots.
They are only interested in obtaining an agreement acceptable to both sides.

That's been my experience anyway!

[Halifax71]

Re: Small Claims Mediation Service - anyone used them?

Cheers Des.
Whilst I'm waiting for the mediation I've also been invited to a case management hearing - Judge has said its required before a final decision about allocations can be made.Should be a small claim as I'm claiming £8k. I hear this is not unusual if there's a LiP like myself and I'm taking on a big firm.

Don't suppose you've attended one of those? Not clear whether i'll be expected to provide all my evidence or not. Cant see Barclays being happy - their legal fees will be well over the amount I've claimed already, and now their London based counsel are being dragged up to Blackpool for a pre hearing

[des8]

Re: Small Claims Mediation Service - anyone used them?

No, I've never attended a case management hearing, but I'm sure others here have, and I'll nudge them for you>
[MENTION=71570]R0b[/MENTION]
In the meantime you might want to read:https://www.justice.gov.uk/courts/pr...ase-management
and Chapter13 of:https://www.judiciary.gov.uk/wp-cont..._in_Person.pdf

Barclays will probably instruct a locally based law firm to attend.
Don't worry about the bank employing posh London firms and barristers........... here;s a link to a lengthy case where one poster successfully took on a bank, their solicitors and a barrister
http://www.legalbeagles.info/forums/...ight=coop+bank. It can be done... don't be overawed by them.

[Halifax71]

Re: Small Claims Mediation Service - anyone used them?

It's taken a while but the mediation is booked in for the 16th Nov - painfully slow process, primarily due to the banks counsel dragging their feet. Can't see mediation working to be honest, we'll see.

The case management hearing was postponed pending mediation as once again the solicitors weren't available 😃