Post by Jon RibbensPost by FredxxPost by DaveIf somebody suing in the Small Claims Track offers to accept an amount
lower than the claimed amount during the mediation phase, does that
preclude suing for the full amount in a hearing if the offer is rejected?
So, for example, if I am suing for £1000 and my offer to accept £800 in
mediation is rejected, can I still sue for £1000 at the hearing?
Many thanks.
Yes, but, that offer might well affect apportioning costs, as do other
"without prejudice" offers.
I'm pretty sure that's wrong - an offer made during mediation won't
affect costs. It isn't the same thing as a Part 36 offer.
That's right.
And in the small claims track the costs recoverable by either side are
very limited and arguments about the costs of mediation are somewhat
academic.
In general, if a party agrees at the end of a mediation to pay a sum of
damages to the other party, he will also agree to pay the costs. Which
would be limited costs if the case is on the small claims track. Other
options are of course available in a mediation: you could offer a
costs-inclusive sum, or offer a derisive sum, or persuade your opponent
that his case is hopeless and he should discontinue. None of this will
affect your entitlement to pursue your claim for the full sum if the
mediation does not result in a settlement.