Author Topic: Mediation Calls  (Read 56 times)

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Mediation Calls
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Couldn't find a definitive elsewhere, apologies for starting a new one if this has already been discussed.

On mediation calls for a private PCN with the likes of UKPC represented by DCB, does one simply offer £0 and leave it at that? Is there any obligation to provide any reasoning behind the offer other than that UKPC aren't owed any money?

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Re: Mediation Calls
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This is the advice that gets posted often, you can search the forums for "mediation" and find plenty of mentions.

For the mediation call, the only requirement is for you "attend" the call. It is not part of the judicial process and no judge is involved.

This is what I advise you to say when you receive the call from the mediator:

Before I set out my position, please confirm from the claimant’s side:

• the full name of the person attending for them;
• their role/position at their legal representative’s firm; and
• whether they hold written authority to negotiate and settle today.

Please relay that back to me before we continue.

After the mediator calls back...

If identified and authority confirmed:

Thank you. I’m content to proceed on that basis. My settlement offer is £0, or I invite the claimant to discontinue with no order as to costs.

If no/unclear authority:

Please record that the claimant’s attendee has not confirmed settlement authority. My position remains that liability is denied and my offer is £0, subject to prompt approval by an authorised solicitor if they choose to discontinue.

If the mediator probes your defence:

In what capacity are you asking that question? Are you legally trained?  If not, please refrain from offering opinions. I will be reporting any attempt to do so as inappropriate.”

All you need to know is the name and the position of the person acting for the claimant and report that back to us. It will be over within minutes. Complete waste of time otherwise.
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