Mediation - can I lose out if I don't agree to it?

[dor77]

Hi. I'm in the middle of of County Court proceedings against my former landlord for non-return of my deposit.

He recently wrote and stated that he has contacted the Civil Mediation Council and that I had 7 days to respond to him (about what specifically he didn't say).

I have written back to say that I haven't been contacted by the Mediation Council, but equally nor have I rejected mediation at any stage. I did the latter because on their website it states:

'Courts encourage the use of mediation wherever appropriate and in certain cases can order some costs to be paid if a party has unreasonably refused to participate in mediation.'

Am I putting myself at risk by not engaging in this further? To be honest I would rather just go through the County Court as I believe I have an excellent case. Mediating to me suggests that I'll have to make financial concessions to the landlord and I don't believe I should.

Anyone have any experience of this?

Much obliged.... :)

[islandgirl]

Is there not also a cost for mediation? £250 rings a bell. I think you have done the right thing so far.

[justaboutsane]

By going through mediation he is trying to slow the process down!!!

[dor77]

I think it said on their website that it costs £50 an hour. Presumably the cost would have to be divided between us. It's an expensive way just for me to ask him to pay up!

I suspected it might be a stalling tactic. There wasn't any info in his letter as to what my next steps should be - just 'I have contacted the Civil Mediation Council. You have 7 days to reply'.

I'm scratching my head here. Anyway, he has my reply stating I haven't rejected mediation, so we'll see what develops...

Thanks folks.