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Hopefully easy question regarding LBA

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Hi everyone

 

 

Just a quick check on something.

 

 

Does a LBA have to include an offer or show of willingness to attend ADR?

 

 

I'm owed money from a previous employer, I'm still in time for the CC but not the ET and I just want my money asap so I don't really want to be messing around talking, if the LBA is unsuccessful I want to go immediately to the CC and not to any third party that I have to pay a fee to with the chance I'd still have to go to the CC in the end anyway.

 

 

It's a small track case, owed under £1000, evidence is in my favour so I don't need to negotiate I want the full amount either voluntarily or by force.

 

 

Thanks

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you don't have to agree to mediation at all.

moved to general legal issues


..

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you don't have to agree to mediation at all.

 

 

 

And would that be without penalty if it ends up before the judge? i.e. I won't win the case but have to pay costs out?

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you wouldn't get your court fees back if you lose and you might get stung by their costs but in small claims they are minimal


..

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Ah I see, this is what I was concerned about since ADR is merely an irritant but I don't wish to avoid it so much that I'd be prepared to suffer a costs order no matter how minimal.

 

I'm after a clean victory so I guess I'll suggest in my LBA that I'd be willing to do ADR.

 

Why has my question been moved away from Employment?

Edited by dx100uk
merge/quote

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cause the legal bods are in the legal forum

and it more suited to this forum


..

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Well the answer is no...the LBA is an opportunity for them to settle pre litigation...hence the name " Letter Before Action " obviously if they prefer to ignore you you commence legal proceedings......if they wish to defend it...ADR (Mediation)is offered at allocation stage (after they submit their defence).

 

 

Andy


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The other most critical indicator is the presence of room for negotiation, for

example, mediation may not be suitable for a simple debt recovery action.

 

Page 9 - Civil Court Mediation Service Manual

 

 

There is a huge urban mythology for small claims cases and even Which? at one point gave advice that you would compromise your chances of success at trial if you turn down mediation.

This is complete nonsense. Mediation is generally speaking only suitable when each side has got something to give and works best with organisations which can look forward to resuming trading relations in the future even though they are currently involved in a particular dispute.

 

In order to make full use of mediation should ideally be trained and you can be certain that almost all employers are not trained and their so-called Human Resource departments have no idea what mediation is about and they all think that it is an opportunity to get you to give up some of your rights without having to go to court about.

 

Most solicitors have absently no ADR training and they are brought up in an environment which is completely conflict-oriented and have no idea what they win-win situation really is.

 

Don't bother yourself about mediation. Quite frankly the provision of the mediation service at this level of litigation is largely unhelpful and it is often used by dominant parties as a way of threatening or beating down their litigant in person opponents

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Is your LBA being sent to an individual/sole trader, or a company?

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Super, thanks everyone for above for answering, to save time I'll just respond in one post.

 

 

I'm glad to hear the ADR is optional since you have to pay a fee to do it and I'm pretty sure that bill can't be added to the claim later so I don't see why I should pay for a mediation service when my original complaint is that I'm owed money. It wasn't clear on the CAB website as they include the ADR option in their template letter so that's that cleared up (that's why I come here).

 

 

I see ADR as an obstacle to me getting my hands on a judgement quickly lol perfect, I'll just edit that bit out of the letter and fire it off!

 

 

Since I'm here (and I hope I won't be smacked for not starting a new thread) just wondering where the small claim is for back wages can I claim statutory interest on it?

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Is your LBA being sent to an individual/sole trader, or a company?

 

 

 

Big company who have been trading for yonks and are in no threat of winding up

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cause the legal bods are in the legal forum

and it more suited to this forum

 

 

 

Surprised to see so many answers upon logging in this afternoon, good call!

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ADR Mediation service is free in Small Claims Track...you only have to pay in Fast Track (Over 10K)


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ADR Mediation service is free in Small Claims Track...you only have to pay in Fast Track (Over 10K)

 

 

Ah I see, I saw this http://civilmediation.justice.gov.uk/ and didn't consider there were other options. I suppose not using the online service it's free right? Could ACAS do it in this instance just out of interest?

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I understand ACAS offer their own mediation service's


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