Mandatory mediation for claims up to 10k
risk free return 02 Sep 22 06:21
Reply |

Good idea 

Terrible idea.

Will be exploited by businesses who clearly owe individuals money (eg black and white debt claims/refunds) and have the in-house ability to defend claims, forcing unsophisticated claimants to spend more time and money trying to recover what is due.

”I paid you £1,500 for a new cooker and it never arrived. Give me my money back.”

”Lol okay pay your issue fee and your mediation fee and we’ll see you in 12 months age you’ve taken two days off work to attend mediation and a hearing. Or we’ll give you £1,000 now.”

Many on rof complain that political discourse is poisoned because Of the whipping up of hate by one side against the other; but that’s all lawyers really do anyway isn’t it!

risk free return02 Sep 22 08:01

More cases settled without having to incur legal fees? Terrible!

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more bureaucracy and administration 

why would they not incurr legal fees? 

who is footing the bill for adding 10,000 new mediators to the civil court system? 

legal action is costly, the best way to reduce that is to digitise as much as possible, not add more layers to jump through and more assistants and more semi judges.

Not sure why a £100 claim needs mediation AND THEN a small claim if it does not settle.  Just have an hour long hearing and job done.  Maybe make the mediation an ENE?  Or even med-arb?

Risky, m7, given that your contributions on this matter reveal a fundamental ignorance of legal matters perhaps you had better stick to commenting on stuff you know about…

Oh!  Bye then…

However, he knows as well as we do that a strong legal system and a well staffed cadre of professional administrators of it is the backbone of any economy.

Ha ha vested interest going to squeal!

You do understand that the vast majority of Roffers aren't even litigators, let along working for the type of claims in question, right? 

You are showing Truss-level intelligence on this one.

‘Ha ha vested interest going to squeal!‘

Who do you think deals with mediation risky? Who prepares the position statements, bundles, pre correspondence and then sits in a grotty room with the client for 9 (chargeable) hours? 

risk free return02 Sep 22 08:52

Ha ha vested interest going to squeal!

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yeah

my life's dream is to represent a 5K case about a kettle that didn't work against a mad LIP

however will kids eat if you take away my fee for that one

I'm honestly starting to think Risky might be Dominic Raab

Will be pointless in the sort of debt claims we have to chuck into the system. If the defendant was minded to compromise at all, we’d have already snapped their hands off before it got to this stage.

 

 

I remember doing work experience at the old central london country court where they had an experimental  mandatory mediation process with the mediator being an HMCS dude and the mediation being scheduled for a maximum of 3 hrs.

 

Our client hated the idea of it and wanted his day in court and the other side told us at the outset they weren't going to settle and were only there to avoid being in contempt of court. 

Anyway, 2 hours and 10 minutes later the mediator had got them close enough together for them to agree a settlement there and then.

Only works if it’s binding, ie not just an option, else, surprise surprise it just becomes another stage to be gamed into the costs void so beloved of lawyers. 

I'm honestly starting to think Risky might be Dominic Raab

until raab embarrassed himself by trying 2 carry out a role of responsibility, hanners used 2 worship him and repeat his every word

Best settlement I ever achieved happened after my client accepted my advice to walkout of a mediation. Very ballsy. The other side was a clearing bank which folded swiftly after its bluff was called.