From: Downer, Geoff R [geoff.downer@hmcts.gsi.gov.uk]
Sent: 10 December 2015 14:58
To: 'davidguyan@mr-carpet.co.uk'
Subject: mediation
David
 
Mediation In Confidence
 
Mr Teasdale has reconsidered.
 
This is what I believe is being proposed.
 
I'll call again  in a few minutes.
 
 
  1. The defendant agrees to pay to the claimant the sum of £150.00 (the settlement sum) in full and final settlement of the claim to be paid on or before 24th December 2016.
  2. Upon receipt of the above payment the claimant undertakes to attend at the defendant’s property to re-tighten the master bedroom carpet on a date and at a time of mutual convenience to the parties on or before 8th January 2016.
  1. The court will stay the case (i.e. the court will take no further steps in relation to the case) and the claim, defence and any counterclaim will be struck out without further order of the court (meaning that the case will no longer be treated as active) if the court has not heard from either party by 10th March 2015.
  1. The parties will keep the information contained in this agreement confidential and not use it for any other purposes. Other than a final written agreement, any information – whether written in a document prepared for mediation or written or spoken during the mediation – can only be used for the purpose of mediation and cannot be referred to in any court action unless the parties agree. The parties agree that they will not call the mediator to give evidence in any court action.
  1. In the event of any default by either party, the other party shall be entitled to apply to the court:
  1. for judgment, without any further court hearing, for the unpaid balance of the settlement sum; or
  2. for the claim to be restored for hearing for the full amount claimed.
  1. This agreement is in full and final settlement of both parties' claims, including any claim for costs, court fees, expenses or interest.
 
 
 
Geoff Downer
HMCTS Small Claims Mediator
Tel:  01227 819316
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