Small Claims Telephone Mediation Service

Tel: 01604 795511 - Email: scmreferrals@hmcts.gsi.gov.uk

 

Claim Number: C8QZ7H6D

 

Parties: MR CARL SCHREITER v MR CARPET

 

The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.

 

Provisional Appointment Time & Date

 

The small claims mediation team can offer a one hour telephone mediation appointment between 12:00 and 17:30 on 14.12.16. Please note that this is not a confirmed appointment and you will receive a further letter/email to advise if mediation is going ahead with the specific start time. Mediation appointments are limited and can only be re-arranged under exceptional circumstances.

 

Mediation can only be arranged if we are able to contact all parties to verbally complete the mediation criteria. We will try to call you within the next 8 days and, if we are able to secure a mediation appointment, we will send you confirmation. If you do not receive an email, or letter, confirming the appointment, the appointment will not be taking place. 

 

If you want a 3^rd party to mediate on your behalf, please contact the Mediation Team in order to authorise their involvement and forward this email to them.

 

 

Mediation appointments are limited and in high demand. If we are unable to contact you in line with court procedures, your case will be transferred to a local court to be listed for a hearing.

 

(If you want to be contacted on a different number to the one you stated on your Directions Questionnaire, please contact the Mediation Team to provide the relevant number)

 

 

Mediation Requirements

 

Please read the following statements:

	Yes	No
For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions.  Can you agree to this?
I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment
I can confirm that I can mediate on the date stated above. (Mediation appointments are limited and can only be re-arranged under exceptional circumstances).

 

Mediation is only available to you if you can answer YES to all 3 statements above.  If you answer NO to any of the statements, mediation is not suitable for your case and you should contact the Mediation Team to inform them (email is preferable).

 

 

How is Mediation Carried Out?

 

You will be contacted by a Court mediator who is trained to help people settle their disputes.  The mediator acts as a ‘go between’ to help both parties try to find a resolution.  They do not make decisions, offer legal advice or adjudicate the dispute.  The mediator’s therefore do not need to see any supporting evidence prior to mediation.

 

Mediation is done via telephone but it is not a conference call.  The mediator will speak to one party, discuss the case and how they are willing to resolve the matter, then hang up, call the other party and do the same.  The mediator will continue to go back & forth between the parties for the hour long session.

 

If you and the other party come to an agreement, the mediator will draw up a Settlement Agreement confirming what is agreed.  The mediator will read the Settlement Agreement to you and it becomes legally binding from the moment you verbally agree to it.  Copies of the Settlement Agreement will then be sent to all parties and the Court, this concludes the case.  Should the other party breach the terms of the agreement, you can apply to the court to enforce the order.

 

If no agreement is made after 1 hour, the mediator will end the session and the case will proceed to a hearing to be resolved by a District Judge.  Anything mentioned at mediation is confidential and cannot be referred to at a court hearing.

 

 

Important Preparation

 

Please find below some guidance notes that will help you prepare for your mediation appointment.  It is important that you read this fully prior to your appointment.

 

1.      You must participate in mediation in good faith, with the intent to reach an agreement.  If you attend with no intention of negotiating or compromising, the mediator will terminate the session.  You must be prepared and willing to put your points forward, and to listen to the points raised by the other party.

Top Tip: Spend a few moments making a list of the strengths & weaknesses of your case and think about how & where you are able to compromise.

 

2.      The mediator may call from a blocked or unknown telephone number.

Top Tip:  Make sure the number you provided for the mediation session can accept calls from unknown or blocked numbers.

 

3.      If you want a 3^rd party to mediate on your behalf, you must contact the Mediation Team by phone or email to authorise their involvement.

Top Tip: The 3^rd party must be fully aware of the facts of the case & have a good understanding of how far you are willing to compromise.  You will be legally bound to any agreements the 3^rd party makes.

 

4.      Your mediation appointment is limited to 1 hour.  You must be free and by the phone for the full hour so that the mediator can contact you.

Top Tip:  Make sure you are in a suitable location for the appointment that is free from distractions.  The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device.

 

5.      Everything mentioned at mediation is confidential.  The mediator will only pass information to the other party with your authorisation.  You cannot record the mediation session.  If mediation fails & a hearing is required, you cannot refer to anything discussed at mediation during the hearing.

 

6.      You must be available at the start time of your appointment.  If you do not answer the phone or respond to any messages left by the mediator within 10 minutes, the mediator will cancel the appointment.

Top Tip:  Have you provided the most suitable telephone number for your appointment?  If you are mediating on behalf of a company, have you provided a direct line? 

 

7.      The mediator speaks to both parties separately.  You may not be the first person contacted so please be aware that there may be a delay before the mediator calls you.  If you have not received a call within 15 minutes of your appointment start time, please call the Mediation Team.

 

 

 

If after reading the above you are still unsure whether or not mediation is suitable, or if you have any other queries, please call the Mediation Team on the number below.

 

 

Small Claims Mediation Service Contact Details

 

Tel:  01604 795511

Email:  scmreferrals@hmcts.gsi.gov.uk

Post:  St Katharines House, 21-27 St Katharines Street, Northampton, NN1 2LH

 

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