‘The parties should consider whether some form of alternative dispute
resolution procedure would be more suitable than litigation, and if so,
endeavour to agree which form to adopt. Both the Claimant and
Defendant may be required by the Court to provide evidence that
alternative means of resolving their dispute were considered. The
Courts take the view that litigation should be a last resort, and that
claims should not be issued prematurely when a settlement is still
actively being explored. Parties are warned that if this paragraph is not
followed then the court must have regard to such conduct when
determining costs.’ – Pre action protocol
Whatever your claim whether it be money owing or owed, below standard work carried out, unsatisfactory goods and/or services the alternative to going to court is to try through a mediator to resolve your claim without having to go to court.
The fact is that once a claim goes to court one of the parties will receive a judgement they do not like and not in their favour.
Until a claim goes to court both parties have the opportunity while the power remains in their hands to try and come up with a compromise solution. Sometimes too much water has gone under the bridge for this to be achieved and mediation may be a waste of time in such circumstances.
However, a trained mediator would be able to assist parties to a claim willing to investigate a solution brought about through mediation.
It may well be worthwhile considering a compromise rather than go through the time and expense of having to contest a case in court of which you are not certain of being winning or even if you win to successfully obtain back your money.
Mediations in small claims cases can be conducted by phone or face to face but both parties would have to be in agreement.
The Courts encourage parties to consider mediation as taking your case to Court should be considered as a last resort.
Our mediation service provides the facility through a trained mediator registered with the Civil Mediation Council. It will always encourage parties to consider mediation if the case is considered suitable and both parties are in agreement.