UPDATE!
Driver has received an email from HM Courts & Tribunals Service which have arranged a "Telephone Mediation Appointment" next month; "FORM EX750". What should the driver do or say to defend their case and not be pressured to pay?
This is what they are saying:
1- Introduction from the mediator
The mediator will introduce themselves and check that you have read and understood the mediation process.
2- 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.
3- 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.
4- 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.
5- 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.
6- 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
Delegation of authority to mediate.
Only complete the delegation of authority form if you will like someone to take the mediation call on your behalf it becomes a legally binding contract with important legal consequences.
Filling out this form means you authorise your representative to agree on your behalf. If they agree to a settlement, you’ll be legally bound by the terms of the agreement.
1. What is your claim number?
2. What is your name?
3. What is the name of the person to whom you are delegating authority?
4. What are their contact details?
Email
Phone
5. I agree that the person I’ve given authority to can suggest a resolution for this case. If both parties agree to the proposed settlement, I’m willing to be legally bound by the terms of that agreement.
Signature
Return your completed form by email: scmreferrals
@justice.gov.uk
Post: Civil National Business Centre, HMCTS, St Katharine’s House, 21–27 St Katharine’s Street, Northampton, NN1 2LH
If you prefer you can call 0300 123 4593 to give authority verbally.
Note 1: Without the claim number we will not be able to process this form.
Note 3: The person you are authorising must be 18 or over.
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EX750 Delegation of authority to mediate (05.24) ©Crown copyright 2024