Mediating in small claims – Say yes!

legal updates

The mediation service is offered to all those who either bring a small claim or who have received a claim against them.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

This week saw another of my clients reach a satisfactory outcome at mediation.

A claim had been brought against them by a disgruntled customer who, it has to be said was rather over egging his pudding.  The amount agreed was less than half of what the customer was trying to claim. By securing the agreement, it meant my client did not have to spend any more time and energy preparing for and attending a hearing thus leaving him with plenty of time to get on with what he does best, selling cars.

The mediation service is offered to all those who either bring a small claim or who have received a claim against them. The point at which you are offered the option of attending mediation is when you have been sent the Directions Questionnaire on which the first question is, “Do you agree to this case being referred to mediation?”

I always recommend ticking yes. Not only does mediation have the obvious benefits of potentially saving time, money and energy but ticking ‘no’ could lead to the court not looking too kindly upon you at any subsequent hearing. Basically, courts like you to talk it out and only use a judge’s face to face time as a last resort.

The mediation itself is usually conducted over the phone and for small claims, that is those under £10,000 in value, it’s free.  

It’s not just my clients who have had success with mediation. According to a speech by Lord Faulk QC last year, 10,000 small claims are referred to mediation each year and of those, 64% reach a settlement and overall, 95% of users would use the service again.

ECSC Group plcMore Secure

On average 55 vulnerabilities are identified daily.

What can I do?

Review your organisations priorities and ask ‘can we afford a breach?’. What do I do during an incident? Who do I involve? When do I involve the ICO?

If you’re unable to answers these questions, you need help from the experts.

Nona BowkisHead of Legal Services / SolicitorRead More by this author

Related Legal Updates

Customer reneges on agreed not distance sale

Our member explained they do not offer a delivery service and do not engage in distance selling.

Consumer “Handcuffed” by Deduction for Use Settlement

Don’t sign any contract unless you are fully aware of its terms!

Court management service raises money for charity

Members can leave the legal worries to us and can focus on their core business of selling vehicles, running their service and repair garages, and/or MOT testing centres.

Double or nothing – Consumer’s claim dismissed!

The Claimant countered with a request for more than double the amount that our member had offered.

Non-refundable deposits – Where do you stand?

Relevant paperwork should be provided before payment is taken.

Used car warranties – What are you liable for?

If a fault is found to have been developing at the time of sale, this could become the trader’s responsibility to provide a remedy.

Distance Selling Regulations – A thing of the past?

The regulations only apply to consumer contracts, not business-to-business sales, and only apply to sales conducted at a distance.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.