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Evening everyone.
The ongoing saga.
Today i have received an email from the small claims mediation service, giving me dates with possible appointments, which ive posted below. Do I wait for them to phone me before i tell them that i dont have any documentation from Lowell to be able to proceed, or do I reply to their email?
Small Claims Telephone Mediation Service
Tel: 01604 795511 - Email: scmreferrals@hmcts.gsi.gov.uk
Claim Number: ********
Parties: LOWELL VS S LONIE
The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.
Provisional Appointment Time & Date
A telephone mediation session of up to one hour is available to you between 9:30 and 13:30 on the following dates:
Monday 17/10/2016
Tuesday 18/10/2016
Wednesday 19/10/2016
Thursday 20/10/2016
Friday 21/10/2016
Please note thatthis is not a confirmed appointment and you will receive a further letter/email to advise if mediation is going ahead.
Mediation can only be arrangedif we are able to all parties to verbally complete the mediation criteria. We will try to call you within the next 8 days and, if we are able to secure a mediation appointment, we will send you confirmation.If you do not receive an email, or letter, confirming the appointment, the appointment will not be taking place.
Please note that Mediation appointments are limited and can only be re-arranged under exceptional circumstances.
Mediation Requirements
Please read the following 3statements:
Mediation is only available to you if you can answer YES to all 3 statements above. If you cannot answer YES to each of the 3 statements, mediation is not suitable for your case.
If you have answered yes to all 3 questions and you would like to try mediation, please also complete the following table and return the email to scmreferrals@hmcts.gsi.gov.uk. (You may have to click on reply before you can complete the boxes above and below)
Please contact us as soon as possible as mediation appointments are limited and in high demand. If we do not receive a response from you, we will try to contact you by telephone. If we are unable to contact you, we will be unable to provide an appointment and your case will be transferred to a local court to be listed for a hearing.
The information below explains how mediation is carried out. If you are unsure whether or not mediation is suitable for you after reading the information above and below, please call the Mediation Team on 01604 795511 or reply to this email with your query.
How is Mediation Carried Out?
You will be contacted by a Court mediator who is trained to help people settle their disputes. The mediator acts as a ‘go between’ to help both parties try to find a resolution. They do not make decisions, offer legal advice or adjudicate the dispute. The mediators therefore do not need to see any supporting evidence prior to mediation.
Mediation is done via telephone but it is not a conference call. The mediator will speak to one party, discuss the case and how they are willing to resolve the matter, then hang up, call the other party and do the same. The mediator will continue to go back & forth between the parties within the session.
If you and the other party come to an agreement, the mediator will draw up a Settlement Agreement confirming what is agreed. The mediator will read the Settlement Agreement to you and it becomes legally binding from the moment you verbally agree to it. Copies of the Settlement Agreement will then be sent to all parties and the Court, this concludes the case. Should the other party breach the terms of the agreement, you can apply to the court to have the case struck out.
If no agreement is made within the session, the mediator will end the appointment and the case will proceed to a hearing to be resolved by a District Judge. Anything mentioned at mediation is confidential and cannot be referred to at a court hearing.
Important Preparation if you chose to mediate
Please find below some guidance notes that will help you prepare for your mediation appointment. It is important that you read this fully prior to your appointment.
1.You must participate in mediation in good faith, with the intent to reach an agreement. If you attend with no intention of negotiating or compromising, the mediator will terminate the session. You must be prepared and willing to put your points forward, and to listen to the points raised by the other party.
Top Tip: Spend a few moments making a list of the strengths & weaknesses of your case and think about how & where you are able to compromise.
2.The mediator may call from a blocked or unknown telephone number.
Top Tip: Make sure the number you provided for the mediation session can accept calls from unknown or blocked numbers.
3.If you want a 3rd party to mediate on your behalf, you must contact the Mediation Team by phone or email to authorise their involvement.
Top Tip: The 3rd party must be fully aware of the facts of the case & have a good understanding of how far you are willing to compromise. You will be legally bound to any agreements the 3rd party makes.
4.Your mediation appointment is limited to up to one hour. You must be free and by the phone for the full session so that the mediator can contact you.
Top Tip: Make sure you are in a suitable location for the appointment that is free from distractions. The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device.
5.Everything mentioned at mediation is confidential. The mediator will only pass information to the other party with your authorisation. You cannot record the mediation session. If mediation fails & a hearing is required, you cannot refer to anything discussed at mediation during the hearing.
6.If you do not answer the phone or respond to any messages left by the mediator within 10 minutes, the mediator will cancel the appointment.
Top Tip: Have you provided the most suitable telephone number for your appointment? If you are mediating on behalf of a company, have you provided a direct line?
7.The mediator speaks to both parties separately.
If after reading the above you are still unsure whether or not mediation is suitable, or if you have any other queries, please call the Mediation Team on the number below.
Small Claims Mediation Service Contact Details
Tel: 01604 795511
Email: scmreferrals@hmcts.gsi.gov.uk
Post: St Katharines House, 21-27 St Katharines Street, Northampton, NN1 2LH
The ongoing saga.
Today i have received an email from the small claims mediation service, giving me dates with possible appointments, which ive posted below. Do I wait for them to phone me before i tell them that i dont have any documentation from Lowell to be able to proceed, or do I reply to their email?
Small Claims Telephone Mediation Service
Tel: 01604 795511 - Email: scmreferrals@hmcts.gsi.gov.uk
Claim Number: ********
Parties: LOWELL VS S LONIE
The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.
Provisional Appointment Time & Date
A telephone mediation session of up to one hour is available to you between 9:30 and 13:30 on the following dates:
Monday 17/10/2016
Tuesday 18/10/2016
Wednesday 19/10/2016
Thursday 20/10/2016
Friday 21/10/2016
Please note thatthis is not a confirmed appointment and you will receive a further letter/email to advise if mediation is going ahead.
Mediation can only be arrangedif we are able to all parties to verbally complete the mediation criteria. We will try to call you within the next 8 days and, if we are able to secure a mediation appointment, we will send you confirmation.If you do not receive an email, or letter, confirming the appointment, the appointment will not be taking place.
Please note that Mediation appointments are limited and can only be re-arranged under exceptional circumstances.
Mediation Requirements
Please read the following 3statements:
| Yes |
No |
|
| 1.For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this? | ||
| 2.I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate | ||
| 3. I am available to mediate on one of the following dates (You must tick at least 1 of the following, you may tick more than 1 if applicable) |
||
| I am available between 9:30 & 13:30 on the Monday stated above | ||
| I am available between 9:30 & 13:30 on the Tuesday stated above | ||
| I am available between 9:30 & 13:30 on the Wednesdaystated above | ||
| I am available between 9:30 & 13:30 on the Thursdaystated above | ||
| I am available between 9:30 & 13:30 on the Friday stated above | ||
Mediation is only available to you if you can answer YES to all 3 statements above. If you cannot answer YES to each of the 3 statements, mediation is not suitable for your case.
If you have answered yes to all 3 questions and you would like to try mediation, please also complete the following table and return the email to scmreferrals@hmcts.gsi.gov.uk. (You may have to click on reply before you can complete the boxes above and below)
| Full name of person that will be mediating: (If you want a 3rd party to mediate on your behalf, please contact the Mediation Team in order to authorise their involvement and forward this email to them) |
| |
| The telephone number the mediator needs to call: (A direct number is preferable, mobile numbers are acceptable) |
| |
| Your email address: |
| |
Please contact us as soon as possible as mediation appointments are limited and in high demand. If we do not receive a response from you, we will try to contact you by telephone. If we are unable to contact you, we will be unable to provide an appointment and your case will be transferred to a local court to be listed for a hearing.
The information below explains how mediation is carried out. If you are unsure whether or not mediation is suitable for you after reading the information above and below, please call the Mediation Team on 01604 795511 or reply to this email with your query.
How is Mediation Carried Out?
You will be contacted by a Court mediator who is trained to help people settle their disputes. The mediator acts as a ‘go between’ to help both parties try to find a resolution. They do not make decisions, offer legal advice or adjudicate the dispute. The mediators therefore do not need to see any supporting evidence prior to mediation.
Mediation is done via telephone but it is not a conference call. The mediator will speak to one party, discuss the case and how they are willing to resolve the matter, then hang up, call the other party and do the same. The mediator will continue to go back & forth between the parties within the session.
If you and the other party come to an agreement, the mediator will draw up a Settlement Agreement confirming what is agreed. The mediator will read the Settlement Agreement to you and it becomes legally binding from the moment you verbally agree to it. Copies of the Settlement Agreement will then be sent to all parties and the Court, this concludes the case. Should the other party breach the terms of the agreement, you can apply to the court to have the case struck out.
If no agreement is made within the session, the mediator will end the appointment and the case will proceed to a hearing to be resolved by a District Judge. Anything mentioned at mediation is confidential and cannot be referred to at a court hearing.
Important Preparation if you chose to mediate
Please find below some guidance notes that will help you prepare for your mediation appointment. It is important that you read this fully prior to your appointment.
1.You must participate in mediation in good faith, with the intent to reach an agreement. If you attend with no intention of negotiating or compromising, the mediator will terminate the session. You must be prepared and willing to put your points forward, and to listen to the points raised by the other party.
Top Tip: Spend a few moments making a list of the strengths & weaknesses of your case and think about how & where you are able to compromise.
2.The mediator may call from a blocked or unknown telephone number.
Top Tip: Make sure the number you provided for the mediation session can accept calls from unknown or blocked numbers.
3.If you want a 3rd party to mediate on your behalf, you must contact the Mediation Team by phone or email to authorise their involvement.
Top Tip: The 3rd party must be fully aware of the facts of the case & have a good understanding of how far you are willing to compromise. You will be legally bound to any agreements the 3rd party makes.
4.Your mediation appointment is limited to up to one hour. You must be free and by the phone for the full session so that the mediator can contact you.
Top Tip: Make sure you are in a suitable location for the appointment that is free from distractions. The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device.
5.Everything mentioned at mediation is confidential. The mediator will only pass information to the other party with your authorisation. You cannot record the mediation session. If mediation fails & a hearing is required, you cannot refer to anything discussed at mediation during the hearing.
6.If you do not answer the phone or respond to any messages left by the mediator within 10 minutes, the mediator will cancel the appointment.
Top Tip: Have you provided the most suitable telephone number for your appointment? If you are mediating on behalf of a company, have you provided a direct line?
7.The mediator speaks to both parties separately.
If after reading the above you are still unsure whether or not mediation is suitable, or if you have any other queries, please call the Mediation Team on the number below.
Small Claims Mediation Service Contact Details
Tel: 01604 795511
Email: scmreferrals@hmcts.gsi.gov.uk
Post: St Katharines House, 21-27 St Katharines Street, Northampton, NN1 2LH
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