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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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For Jo C, I have a question about mediation. I am the defendant

Resolved Question:

For Jo C, I have a question about mediation. I am the defendant in a civil claim which was made against me. The claimant's solicitor and I agreed to mediation through the directions questionnaire. I received a letter from the court stating that proceedings have been stayed and we have one month for mediation. The court gave us between 22nd July 2014 to August 21st 2014 to mediate. However, since the court gave us permission to mediate, I have heard nothing back from the claimant's solicitor. I have tried contacting him on a number of occasions to organise a date and time for mediation but he has not responded. We were originally hoping to organise at least 2-3 sessions of mediation during the 30 day stay period. My question is what happens if the parties do not mediate after they had agreed to mediate through the directions questionnaire? Can I ask the court to strike the claimant's case out if his solicitor did not make an effort to mediate? I could understand that the case would proceed to trial if the parties could not agree to a resolution during mediation but how would the court respond to no mediation taking place at all after the parties had agreed to it? I would really appreciate your advice. Thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Thank you for your interest in me but this isn't really my area so I will opt out for others.
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Usually mediation is just one day or half day. Have you written to the solicitor please.?
Customer: replied 2 years ago.

Hi Alex,

I sent him an e-mail to try and organise a date and time for mediation but he did not respond. I also left a couple of messages at his office but he has not responded. It seems quite odd because he was eager for the matter to go to mediation. However once the court stayed proceedings for 30 days, I have not heard back from him.

Expert:  Ash replied 2 years ago.
You should formally write, do not email.
The court wont strike out C's case for not complying with mediation. It may only be raised as an issue at the end of a trial where the costs arise.
The matter will go to trial if there is no mediation or the mediation does not succeed.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Hi Alex, I have a couple of further questions if you do not mind:

1) The claimant's solicitor has implied that he will amend pleadings. Can he amend pleadings so they are completely different to what they originally were? Do I have a say in the issue of amending pleadings? Will I be able to amend my defence if pleadings are changed?

2) The current claim is for just under £50,000 and so suitable for a county court. If pleadings are amended and the value of the claim goes over £50,000, will the claim be transferred to the high court?

3) Is the claimant responsible for the hearing/listing fees which are over £1000 for a multi track claim?

Expert:  Ash replied 2 years ago.
1) No, he needs the Court permission and yes it follows you can amend your defence
2) No, it must be over £100,000 for the High Court and even then it can still be heard in the County Court.
3) Yes
Can I clarify anything else?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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