Small Claims Mediation – a positive experience

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

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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.

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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.

Howard TilneyHead of Strategy / Legal AdvisorRead More by this author

Related Legal Updates

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Garages aren’t legally required to take a customer’s address before repair or sale, but skipping it can stall Torts notices and court action when vehicles are abandoned or not collected.

Mediation appointments: the court’s take on ‘delays’

You can tell the court you’re unavailable, but will that stop a telephone mediation being listed? In our client’s case it didn’t, and the refusal to move it now means a full hearing next year.

Witness Statements: Own the Weakness and Turn Up to Court

Courts are scrutinising credibility more than ever. A Witness Statement that ducks its weak points or a witness who fails to attend risks serious damage to their case

Broker Falls Flat: Court Dismisses Flimsy Claim Against Dealer

A County Court ruling has reinforced the importance of solid evidence and clear contracts, rejecting a broker’s claim against a car dealer over an alleged pre-existing fault.

Small Claims and Expert Fees: Understanding the £750 Cap

Parties should carefully consider the necessity and proportionality of obtaining expert evidence to avoid incurring irrecoverable costs.

Buyer Beware: £4K Discovery claim falls flat in court

An opportunistic claim for nearly £9,000 on a £4,000 used vehicle was thrown out by the court, reinforcing the principle of caveat emptor in business-to-business sales.

Two Years of Lawgistics Litigation Support

Since launching Lawgistics Litigation for the Motor Trade, we’ve saved our members over £2.6 million in court claims.

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