What if the other party won’t go to mediation?

Answers first…

In small claims, there are number of issues to consider before pursuing a claim through the courts including:

• What’s the nature of the dispute?
• What documentation exists?
• Is the other party “good for the money”?
• How far do you want to take it?
• Does other party believe you will go further?

Small Claims

Mediated Disputes Solutions answers a number of enquiries each month from individuals and businesses wanting information about small claims. Whilst maintaining a neutral and independent position, information is provided on the process of mediation and the person is often referred to other sources such as the CAB, ‘Money Claim on Line’ or the Law Society. The background to the case often helps the enquirer in determining the way forward, especially if any hurdles to be overcome are highlighted or considered.

Loans to friends

Some disputes include loans of money or goods to friends.

• Are these gifts or loans?

With no paperwork, different views of events are likely to exist and either negotiation through mediation is possible or the parties will have to argue the case in the courts.

Sale and supply of goods or services

Other disputes include the sale and supply of good or services, including second hand goods. Often such ‘deals’ are wrapped up in disclaimers, provisos and limitations.

• Are they enforceable?

What is clear is that such matters need consideration before action, and they may also need legal advice. Unfortunately, the cost of seeking such advice can offer outweigh the value of the claim.

• Is there a cheap or easy way to get legal advice on what to consider before making a decision to sue or not to sue?

Moving forward…..

If a settlement is reached in mediation, or in the court, is the other party able to pay?

• A party might ignore the request to meet to resolve the differences either by negotiation or mediation.
• Do they hope the case will go away?
• Could it be their normal attitude to ignore such situations?
• Do they normally exploit such situation?
• Is it their “normal working practice” to be difficult until the case goes away?
• Could it be that is the other party believes they won’t be taken to court if they remain inactive and non-responsive?

What about a Money Claim Online?

There are 27 pages of guidance on the MOJ website detailing how to place a money claim online.

•  The claimant will have to pay money upfront to launch the claim and at each stage of the process.
• There is no guarantee that all the costs will be recovered.
• There’s no guarantee the other party can be made to pay.
• There is no guarantee the other party can pay.
• Nevertheless, there are occasions when instituting proceedings focusses minds to a point where negotiation can take place.

Does anybody know the answer to all these questions?

At least asking yourself these questions demonstrates that as a Claimant you:

• Have thought hard before pursuing a claim.
• Appreciate the limitation of both mediation and the court process.
• Consider seeking advice before embarking on any process.
• appreciate it may be necessary to issue proceedings to promote action to a peaceful mediated resolution.

Opting out of court action or staying court action proves Claimants are willing to mediate.

What is often not appreciated is that mediation can take place at every stage in the process.

Smart people are willing to mediate.