I’ve had a bit of a nightmare, hadn’t heard anything but just had a SMS reminder about mediation TOMORROW!
I’ve just found the email in my junk copied below, please could I have some advise?
Email below:
Claim number:XXXXX
Parties: EXCEL PARKING SERVICES LIMITED V XXXXX
Your telephone mediation appointment
Appointment date: 03/04/2025
Appointment time slot: 09:30 to 12:30
Your confidential telephone mediation appointment has been booked for the above date and time slot. This means that the mediator will call you between the times shown. Your appointment will last for around one hour from the point at which the mediator calls.
The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you both come to an agreement before the case goes to court.
Where your mediation appointment is mandatory, If you do not attend the appointment, the judge will take this into consideration at any court hearing and may issue a penalty. This could include the judge automatically ruling in the other party’s favour or ordering you to pay for some or all the other party’s costs.
Preparing for your appointment
You must make sure you have provided us with, or confirmed, the name and number of the person who will be conducting the mediation appointment. If you have not done this, or need to update your telephone number, you should contact us using the details at the end of this letter no less than 5 working days before your mediation appointment. Failure to do so may result in your mediation appointment not taking place and may result in a Judge issuing a penalty where the mediation was mandatory.
The mediator will call from a withheld number. Make sure that withheld numbers are not blocked on your phone.
Be ready to receive a call from the mediator from the beginning of your time slot. The mediator will call the telephone number you provided in your application.
If the mediator cannot contact you within 10 minutes of the appointment start, the appointment will be cancelled and you may, where mediation is mandatory, face a penalty for non-attendance.
Rebooking your appointment
If you need to rebook your appointment, you must have a good reason. The administration team will only consider rebooking in exceptional circumstances, such as an accident or a family bereavement. You must let us know as soon as possible.
Nominating a different representative
If you want someone else to represent you at mediation (like a trusted friend, relative or a solicitor) you must contact the mediation team
If you want to choose someone to attend your mediation appointment on your behalf who is not a part of the claim or is not a legal representative, you will also need to complete a delegated authority form. You can find out more about this on GOV.UK.
Your representative must know the facts of the case, understand how far you’re willing to compromise and have full authority to act on your behalf. You’re legally bound to any settlement agreements your representative makes on your behalf.
What happens in your mediation appointment?
Introduction from the mediator
The mediator will introduce themselves and check that you have read and understood the mediation process.
Explaining your position
You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points.
Negotiating options
You’re attending mediation with a view to settling your case. This means negotiating to overcome disputed issues. The mediator is neutral and helps each party to explore options and discuss risks. Mediation works when you’re willing to listen to what the other party has to say, negotiate and agree a settlement.
Building agreement
Settlement can be in many different forms, for example, payment, goods or work. Both parties must agree on the outcome and feel they have reached an acceptable resolution.
Reaching a settlement
The mediator will read the terms of the settlement and confirm agreement with each party. Once agreed, the settlement is legally binding and cannot be changed. A copy of the mediation settlement is sent to both parties and placed on the court file.
Confidentiality
All mediation appointments are confidential. An agreed settlement includes a standard confidentiality clause.
Ending the mediation process
The mediator can end the mediation if, at any time:
either party breaches the terms on which they agreed to mediation
there is no prospect that the mediation will end in settlement
the mediator deems it inappropriate to continue in the case that one or both parties are vulnerable users
either party asks to end mediation
Find out more about Small Claims Mediation by watching our video HERE. Find out more in the guide to the Small Claims Mediation Service on GOV.UK.
Small Claims Mediation Service contact details
If you have any complaints or issues to raise about the Mediation Service, contact us by email or telephone:
Email: scmreferrals@justice.gov.uk
Telephone: 0300 123 4593
Monday to Friday, 9am to 5pm
We record our calls for monitoring and training as it helps improve the service we deliver. If you want to know more about how we handle your personal data, visit
https://www.gov.uk/government/collections/your-data-and-how-we-use-it [ Guests cannot view attachments ]
