Are there any MEDIATION letters???

[Slinky]

Taking Grabby National to Court for Bank Charges + Interest but now I have the added headache of a Mediation Scheme Document to complete as well as the Allocation Questionnaire.

 

Are there any letters I can attach to this as I don't want to do this or pay half the costs or fees if a) I lose or b) I accept mediation.

 

HELP PLEASE

 

Slinky

[Number6]

Taking Grabby National to Court for Bank Charges + Interest but now I have the added headache of a Mediation Scheme Document to complete as well as the Allocation Questionnaire.

 

Are there any letters I can attach to this as I don't want to do this or pay half the costs or fees if a) I lose or b) I accept mediation.

 

HELP PLEASE

 

Slinky

 

I'm not clear what you mean Slinky. What mediation scheme is this? Can you post further details?

 

Pete

[Slinky]

This is typed as I received it:

 

This form must be returned to the Court along with your Allocation Questionnaire under ALL circumstances. If you do not, you may delay your case.

AN ALTERNATIVE TO GOING TO COURT

The East Kent Courts have set up a voluntary service for people with disputes involving sums of money over £1500.00. The aim of the scheme is to help people settle their disputes and agree a solution without having to go through the Court process.

 

If the claim is for less that £1500.00 then the Court will consider the possiblity of settlement at a preliminary appointment.

 

The mediators are provided by the National Mediation Helpline which is run by the Civil Mediation Council and supported by the Department of Constitutional Affairs. When a request is made to the helpline for a mediation provider accredited by the Civil Mediation Council.

 

What is mediation?

 

Mediation is a way for people to discuss problems with the help of an impartial third person known as a mediator. The mediator will help the parties to communicate better with each other with the aim of the parties reaching their own agreed and informed solution to the dispute without going to Court. Mediation can be used in virtually any type of case.

 

Why is mediation being offered at this stage?

 

Mediation is being offered to parties at this stage in the proceedings in an attempt to assist the parties in achieving an early settlement. By achieving an early settlement the parties will save money in legal costs and expensive court time will also be saved.

 

Why try mediation?

 

There is no complusion for parties to mediate but mediatiom is quicker than continuing wth litigation as mediation meetings will normally take place wihtin one month of both parties agreeing to mediate. Mediation is also cheaper, more informal and a less stressful way of resolving a dispute than a trial by judge. Mediation is confidential and is an opportunity for parties to be assisted in reaching an agreement by an unbiased third person. Even if you do not have legal representation by trying mediation you could save both time and money.

 

People often want to mediate where;

 

1. They want to maintain a relationship with the other party once the dispute is over.

2. They want to stay in control of the process and not hand it over to a judge.

3. They are worried about the costs of going to court or the delay in waiting for a trial.

4. They want the dispute and settlement to be confidential.

5. There may be outcomes that can be agreed which a judge could not award.

6. They want to look for a settlement rather than take the risk of a judge finding against them.

7. They are neighbours or businessess who deal in the same local area or type of work.

 

Where will the mediation take place?

 

Mediation meetings will be conducted at a venue convenient to the parties. This is likely to be at one of the local County Courts.

 

What happens at a mediation meeting?

 

At a mediation meeting the mediator will meet each party separately and together discuss the issues involved. The mediator will identify the main issues and try to help the parties to settle their dispute.

 

What happens if there is no agreement?

 

If it is not possible for the parties to reach an agreement then the case will proceed in the normal way. The mediation process is confidential, what is known in legal terms "without prejudice" and so what is said in the mediation cannot be referred to in Court.

 

How much will it cost?

 

The cost depends on how much is being claimed.

 

Value of Claim Fees Length of Session

£5000 or less £250+Vat 2 Hours

 

Over £5000 but less

than £15000 £500+Vat 3 Hours

 

£15000 but less than

£100000 £750+Vat 4 Hours

 

£100000 or more £1000+Vat 6 Hours and £200 per hour thereafter

and any preparation in excess of 2

hours charged at £50 per hour.

 

Each party pays HALF the fee stated above and payments are paid directly by the parties to the mediator before the mediation. Cancellation of an arranged mediation may still incur a fee.

What should I do if I want to go to mediation?

 

Complete the attached form and return it to the Court with the Allocation Questionnaire. The matter will then be referred to the District Judge and if s/he takes the view that mediation is appropriate s/he will suspend the case to allow the mediation to take place.

 

What happens next?

 

The Court will notify the National Mediation Helpline who ill appoint a mediator. The mediator will contact you to make arrangements including payment of the mediation fee, submission of a short summary of your case and the time, date and venue for the mediation.

MEDIATION SERVICES AT CANTERBURY COUNTY COURT

Canterbury County Court is working with the National Mediation Helpline to assist people with disputes. A document. "An alternative to going to Court" is enclosed which you must read.

 

Mediation is a less formal dispute resolution process than a hearing in Court before a Judge. It can be quicker, less stressful and reduce the ongoing build up of costs. It also gives you and the other party the opportunity to concentrate on what the real issues are of the case. The mediator is trained to help both parties settle their disputes.

 

To assist the Court in deciding if your case is suitable for mediation, it is important that you complete the enclosed reply form and return this with the Allocation Questionnaire.

 

If the case is suitable for mediation the Court will pass your details to the National Mediation Helpline to arrange a mediation appontment. The appointment usually takes place within 28 days of the referral.

 

The mediation may take place at Canterbury County Court where rooms and administrative support are available or the mediator may arrange a suitable venue outside of Court in agreement with both parties.

 

Further information can be obtained from;

 

Canterbury County Court

The Law Courts

Chaucer Road

Canterbury

Kent, CT1 1ZA

 

Tel: 01227 819206

email: [email protected]

 

or

 

National Mediation Helpline

 

0845 6030 809

 

www.nationalmediationhelpline.com

 

EAST KENT MEDIATIN SCHEME

REPLY FORM

To: The District Judge

Canterbury County Court

 

Case Number: XYZ

 

I am / I Represent (state which party)..SLINKY...

 

o YES I want to try mediation. I wish to use (delete as appropriate)

 

a) National Mediation Helpline

b) Other Provider / Mediator (Please state which)........

 

a meditaion (delete as appropriate);

 

a) Has been arranged for (please state date).....................

b) Needs to be arranged by the Court using the Helpline.

c) Has been refused by my opponent.

 

(Optional) I ask the Court to stay (pause) proceedings until..........(insert a date 6 weeks ahead, or 1 week after the date of the mediation if it is known).

 

o NO I do not want to try the mediation service and understand that I may face costs sanction if the District Judge finds that refusal unreasonable. My reasons for refusing to mediate are:

 

 

 

 

Note: You may be required to attend court to explain refusal.

HELLLLLLLPPPPPPPPPPPPPPP

• 
  

[breadline]

Advised to tick no and send them packing:D

i will request that your post is moved to the main forum.

BL:)

[Number6]

I think I would be telling them to go forth

 

There is no compulsion for you to go through this process Slinky, simply tick no and proceed as per a normal claim. It would achieve nothing even if you were to go for it.

 

Pete

[zootscoot]

£5000 or less £250+Vat 2 Hours

 

Over £5000 but less

than £15000 £500+Vat 3 Hours

 

£15000 but less than

£100000 £750+Vat 4 Hours

 

 

and I was lead to believe mediation was a cheaper alternative to the courts:o

 

Mediation is encouraged by the CPR overriding objectives but basically can end in you being pressured to accept less than what you are entitled to. If you've gone through the negotiation process (prelim & LBA letters) and been refused you're quite entitled to forego mediation.

 

All the best

 

Zoot

[Armsoft]

Interesting Post!

 

If mediation is offered to both parties? my monies on the Abbey saying "Yes Please" as this would A) Give them yet another delay tactic. And More Importantly B) Enable them to avoid Disclosure of Fee Structure in `Open` Court.

 

I agree with the previous replies - Say No Thankyou

 

I am filing my N1 today, and if offered the same option, I will be saying NO

[Glenn UK]

There is a box on the AQ (or at least N150) which asks if you want time to enter into further negotiations to try to settle.

 

So tick the no box, then where it asks for other information write something about Abbeys delaying tactics plus the fact they have had ample time to settle.

 

If you want some ideas of what to write, i added a lot of comments to my AQ in other information section to help the court understand a number of issues. check out my thread Glenn vs abbey and if its of any help copy what you want.

 

HTH

 

Glenn

 

PS re filling out the mediation form, simply tick the no box. It might be best to make sure the info as to why you don't want mediation is up front, so perhaps a covering letter and on the AQ

[Slinky]

Thanks Guys

 

I have indeed ticked NO (way hozay)...and I have enclosed a nice little letter explaining why.

 

I can't understand how this can be a FREE service however, when they are charging fees!

 

slinks;-)