Lowell/carter claim form - HBOS cashcard **Resolved***

[Alloyz1]

Received date for mediation 21st September. In the email conformation for the mediation hearing they ask me to put forward the strengths and weaknesses of my case. I am at a loss as how to respond to this.

 

Hi SJ hope you are well

 

Re Mediation on 21st Sept- Are you sure as that is a Sunday? Is this a small claim and as such using the small claims mediation service (1hr free)?

 

Thanks

 

A

[Alloyz1]

Hi SJ

 

The reason I ask if this is the small claims mediation service is because I have never heard of them asking for the strengths and weaknesses of cases prior to the mediation. Generally the first time they look at the matter, it is two minutes before they ring you when they are looking for your number. Their opening gambit is asking you 'what is the nature of your grounds to dispute'.

 

I just wanted to make sure you are actually providing this information to the mediator as opposed to the claimant. Once you clarify this, if it turns out to be to the claimant, politely refuse and suggest the strengths and weaknesses come out in the mediation. If it is for the mediator to become acquainted with the case, ensure you state this is for the mediator only and must remain confidential by them as per their obligation under the European Code of Conduct for Mediators.

 

My point being, you don't want the claimant having the opportunity to obtaining all of your argument and then using the mediation to satisfy CPR but not taking it seriously and then tailoring a WS to defeat your position whilst giving you no such information during mediation or prior to mediation.

 

Someone with more legal knowledge than me will have to help you with the appropriate points of dispute, as I am not suitably qualified to do so.

 

The mediation itself will be brief and probably seem rushed, as you only have an hour. It is important you get your matters of dispute out early to leave enough time to negotiate. Take notes of their argument in case you don't settle, this will help others on here to advise re your WS. The mediator will shuttle between the two parties passing information backwards and forwards. They may play devil’s advocate and challenge your position and you will feel under pressure, but don't. The mediator wants to settle and move on, they are paid a flat fee and work on volume, don't be pressured and have your self-prepared for the mediation with everything you want to say and varying negotiation positions.

 

Approach this mediation with an open mind and with an appetite to settle, if that is what you want. You have a great opportunity to bring closure on your terms, without having a judgement imposed and the possibility of attending court, avoiding a possible CCJ, stress and the other issues that this dispute brings. I would suggest the value of the claim will make them receptive to settle as opposed to going to court with the associated costs and possibility of losing.

 

Settlement can be financial i.e. a lower value over an agreed term of instalments, and can also be in relation to the actual terms i.e. the claimant with notify the defendant of a default in writing and will allow 7 days to remedy this default- as opposed to a term which states the claimant upon default by the defendant can go straight to court to claim the original amount due to a default of this agreement. You really need to work out what you can afford and what you are prepared to pay, over what period and on what terms. That way you do not waste time with basic elements of negotiation.

 

Hope this helps

 

A

[Alloyz1]

Ahh all clear now, when they said put forward you strengths and weakness's they meant prepare your strengths and weakness's for the mediation session. Gotcha.

 

Okay well once others have commented on your defence you will be able bullet point the key parts for the mediation and start to put together your varying negotiable positions.

 

Good luck

 

A

[Alloyz1]

Really pleased for you SJ, well done

 

A

[Alloyz1]

Glad you are pleased with the outcome

 

A