@struggler said:
Just rang and spoke to fair trading. They said that attendance is compulsory at mediation!
It is … in theory. But the penalties for non-attendance are …? A fine? Nope. You automatically lose the case? Not even that.
[Having just read the posting by Scotlandx (above) I am happy to admit I was wrong – mediation is compulsory but attendance isn’t. Not that it makes much difference to the price of milk, but I’d rather get my confessions in early – JT]
I know cases where the plaintiff has sent his lawyer to mediation to sit and repeat the words “My client has given me no instructions on areas in which to compromise”. Is that attendance? technically yes, but not in any real sense.
However, I do think it shows that you have acted in good faith if you turn up at the meeting and show willing to compromise. And it doesn’t look too good if you have driven the case and you don’t turn up yourself (in which case I think the Member would probably dismiss the action).
By the way, nothing said at the mediation is permissible as evidence at the adjudication, if it goes to one. Mediation is a great idea and it can work but it falls down when one or other parties refuse to play the game.