Claimant and Defendant may choose mediation service in Direction Questionnaire. This is a Free Mediation Service provided by HMCTS for claims up to 10,000. Small Claims Mediation Service can only be used if you have already issued a claim to which the defendant has filed a defence.
- Staff of mediation service will contact via e-mail (if it was supplied in N180 form) and provide contact details for booking phone mediation time slot.
- After arranging mediation appointment party get confirmation on e-mail with specified day and time together with Agreement to Mediate and Instructions how to prepare.
- Mediators play the role an independent neutral person who assist to facilitate settlement of the dispute by negotiation and agreement
- Both side agree to participate in ‘good faith’ with the aim to settle a small claim case.
The parties may appoint a representative to mediate on their behalf. They are obliged to ensure that their appointed representative is capable of taking a full and active role in the mediation and will not appoint any person to represent them unless that person is:
- Conversant with the facts of the case.
- Able to fully participate in the mediation, including negotiating the terms of settlement.
- Given your authority to reach a settlement.
Mediation is an alternative to litigation. However, it does not halt the court process therefore until such time as any mediation has taken place and any settlement agreed parties should continue to ensure that all directions or orders given to each other by the court, including payment of hearing fees, filing of documents and attending court hearings are fully complied with.
What happens at phone mediation?
Firstly, mediator introduces himself and check the details – name of participant and details of claim. The mediator will then speak to each of you individually. Each party explain his position and main points.
Then mediators try to pass important details to opposite side and informs about proposal or suggestion if it take a place. Mediator works to explore options. As soon as both parties is agrees, mediation will be considered finished. The meediator will record the terms on the agreement and read them back to each party individually and ask to verbally consent to all the terms. From this point on the agreement is binding.
In next days or week parties got the Mediation settlement agreement – Form N182. If e-mail was provide in the from N180, then copy is sent by e-mail.
If agreement is not reached, your case will continue through the court process. However, you will not be able to refer to the mediation or the negotiations.