Small Claims Mediation – a positive experience

legal_updates

The service was completely free of charge to our client, unlike the vast majority of commercially available ADR schemes.

Author: Howard Tilney
Published:
Reading time: 2 minutes

This article is 6 years old.

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.

A simple business 2 business transaction led to acrimony and litigation, only for the claim to be settled at an early stage of the proceedings with the aid of a well informed and pragmatic Court appointed Mediator. So: was our client’s recent experience of the Small Claims Mediation Service.

Despite best efforts to show the Claimant the fundamental flaws in his claim, both pre issue and within our client’s formal defence, it was not until the parties engaged in a telephone Small Claims Mediation (SCM) that the Claimant accepted that he had misunderstood and/or been misinformed as to his legal rights.

Suffice to say that the Mediator, who engaged in telephone shuttle diplomacy between the parties, was instrumental in dispelling the Claimants misconceptions and by the end of the process the parties had reached a meeting of minds and resolved their differences amicably.

The Mediator even arranged for the proceedings to be brought to an end, saving time and money for all concerned.

Not only was the Mediator informed, impartial and professional in his conduct of the SCM, but the service was completely free of charge to our client, unlike the vast majority of commercially available Alternative Dispute Resolution (ADR) schemes.

Howard Tilney

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.