Part 36 offer

[MrNumbskull]

A month ago I had a mediation appointment, where the defendant made me an offer of 20% of the claim value, which I refused.

 

As of now, there has been a change in circumstance where it is no longer necessary for me to pursue the claim. (The claim was for a poor car repair, but I have sold the car without having the work re-done). This leads me to consider that there isn't any 'loss', i.e. I am not out of pocket because I did not have the work done elsewhere. The only consideration is the time and grief involved.

 

I understand that anything discussed / offered during mediation is confidential, but, I would like to write to the defendant and accept this offer. The amount is very low and was the first offer made before I terminated the mediation, so I doubt that there will be any refusal on the defendant's part.

 

But, should the defendant refuse, I want to be able to show that I have offered to settle for a low amount, but that amount was discussed in mediation which I cannot mention.

 

I have also read that part 36 offers do not apply to small claims in this document under 'Timing of Part 36 Offers': http://www.stevens-bolton.com/files/8314/5286/2519/part-36-client-guide--april-2013.pdf

 

Have searched here but not found anything relevant.

 

Thanks

[AndyOrch]

Hi Mr N

 

Did they actually state it was a Part 36 offer and do you have it in writing as conformation ?

 

Regards

 

Andy

[MrNumbskull]

Because it was mediation, I didn't speak to them. The mediator went between parties on the telephone. I am quite sure that Part 36 was not mentioned at all. I do recall that 'without prejudice' was mentioned though.

[AndyOrch]

I doubt it was also....just negotiate a settlement and then you can either discontinue your claim or finalise it by way of a Consent Order.

 

Andy