I recently had my first experience of the court’s small claims mediation service, in a difficult building dispute which started life as a small claim but, had it proceeded, would have gone into the fast track.
The mediation, for which 60 to 90 minutes was allowed, was conducted by telephone and I had my clients sitting opposite. My opponent’s clients were available to speak to him by telephone.
The court mediator was most effective and rapidly grasped the main issues. After 75 minutes we had a settlement.
I reflected at the end of the process that there was no mediator’s fee for the clients to pay, and that my clients’ costs had been kept to a minimum by conducting the process on the telephone. A good deal of preparation had been done in advance, however, and I had spoken to my professional opponent beforehand.
While there may be cases which are not suitable for telephone mediation, there will be many fast-track cases which could, at the right stage, be resolved in this manner, given the allocation of sufficient support and resources to the mediation service.
With public expenditure cuts on the horizon, this is an area which the Ministry of Justice needs to fight hard to safeguard and extend.
JFG Calthorp, Marchant Solicitors, Mansfield
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