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Showing content with the highest reputation on 01/04/17 in all areas

  1. 1 point
    Pointers for mediation. Mediation is not a means of arguing your points, its simply an alternative to settling the case. Have your figures to hand and an amount in your mind which you would be happy to settle at. They may offer this, they may be nowhere near, no one will know until you have that call. Know the reason you are bringing the claim, that you believe the charges levied are unlawful at common law. If you are claiming compound interest, have a read through Sempra Metals to understand it and why you should be awarded CI. Any charges over 6 yrs old are claimed by virtue of Limitations Act which allows for this if you only discovered the "error" recently, which if course you did. You wont need to go into every detail and convince the mediator of anything, that isn't their role. It isnt a 3 way call, the mediator will speak to you first, then to the defendants solicitor, then call you back with any offer etc or further questions. If you both agree an amount, mediation will be successful and that will be it over with bar the paperwork and payment. More likely tho is non agreement from the defendant and mediation fails and then allocation to trial. Dont panic at this, once they have begun to make offers to settle, after mediation, the offers will improve the closer the trial date becomes. Your doing great so far, if mediation fails, set about writing your Witness Statement and putting your bundle together, do this electronically at this stage, store everything in one folder in your PC, no need to print until its time to serve on the courts and defendant.
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