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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Re Mediation I am the Claimant . Mediation is due to take

Resolved Question:

Re Mediation

I am the Claimant . Mediation is due to take place next week. Defendant is not attending the mediation but will be represented by their solicitor. Can I insist that the Defendants who owe me a large sum of money attend mediation as their non attendance will reduce the prospect of success .Can I refuse to attend mediation to avoid wasting my time if the defendant doesn't attend. Their Solicitor will not have full authority to negotiate or settle on behalf of the defendant and I suspect they are attending to put pressure on me to withdraw the claim. I am representing myself in person. experts report re costs of hues instruction will be available before the mediation(supporting my claim).
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

You can not insist D attend the mediation.

Alex Watts :

It is a matter for each party whether they attend or not

Alex Watts :

D Sol may well have full instructions and if any settlement is reached may well be able to call D

Alex Watts :

The same, you do not have to attend if you do not wish to

Alex Watts :

You do not know that they have full authority - the mediator will check BEFORE the mediation starts whether D Sol has full authority

Alex Watts :

It is one of the key questions they always ask

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Can I ask defendants solicitors if they have full authority before I agree to attend mediation as I don't intend to waste my time travelling to another town if the defendant has already made up their mind that they do not wish to settle the claim or negotiate and therefore do not wish to attend and their solicitor only wishes to discuss their counterclaim(frivolous counterclaim for loss of earnings).

Alex Watts :

Yes you can ask Sols if they have authority

Alex Watts :

Does that clarify?

Customer:

yes thank you.

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