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Civil Mediation


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The Ministry of Justice have produced a document which will help you decide if this is right for you.

https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Guidance/civil_court_mediation_service_manual_v3_mar09.pdf

 

Mediation is a service which is offered by the Courts Service as an alternative to going to court. There is a lot of encouragement at the moment for people to go to mediation. This is because of the crisis of resources in the court service caused by the banks in 2009.

 

Although in an ideal world mediation would be the obvious and sensible choice, it is not always the best choice for many consumer problems – especially when they involve the consumer against a large corporate or their solicitors. These people do not have the correct mindset for proper mediation.

 

The M.O. J document referenced above actually points out that mediation is probably not suitable for normal debt matters.

 

You should certainly consider mediation if you're dealing with local neighbour disputes, disputes with small independent tradesmen and so forth. Mediation can be helpful all round in these kinds of situation. Other than that, it is not necessarily a good idea.

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Mediation is a service which is offered by the Courts Service as an alternative to going to court. You don’t have to go to mediation.

The Ministry of Justice have produced a document which will help you decide if this is right for you.

https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Guidance/civil_court_mediation_service_manual_v3_mar09.pdf

 

 

It is 100% correct that you don't have to go to mediation, and that guide even sets out some examples (p.5 /6) "justifying refusal to mediate when determining whether a party who has been

successful in litigation should be deprived of their normal entitlement to costs".

 

However, the party MUST "CONSIDER" mediation (even if they then choose to decline it).

Not considering it (or unreasonably declining it) can have costs implications.

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