Debt related mediation

There may be a number of reasons why a debt hasn’t been paid. Perhaps they debtor is unable to pay, or they may have no intention of paying and will force the creditor to decide whether to take legal and possibly enforcement action to recover the debt.

Dispute at the heart of the debt

But the reason for non-payment may be a dispute, perhaps about the amount, the product/service delivered or contract terms. It may even be relating to a dispute about another contract which has blocked this one.

In these circumstances, mediation can be very effective, particularly if the parties would wish to continue their business relationship.

When mediation can help the “can’t pay” case

On the face of it, the “can’t pay” may look like a lost cause, but mediation does at least allow for a discussion on what non-monetary and monetary later options might be available. 

It is amazing what parties looking to continue a relationship can achieve through mediation.  

Mediation or legal action?

The decision will depend on the circumstances, but there are many strong reasons to consider mediation:

Lower cost - mediation is far lower cost that court action, even if you represent yourself at court. With legal action, the losing party may be instructed to pay the legal costs of the other party.

Faster - Mediation is usually concluded within one day, two at most. It continues until an agreement is reached. Court cases can take weeks or months to even get a court date

More certainty - once an agreement is reached, including payment details, this is legally binding on the parties and can be promptly enacted.

Payment – being awarded a judgment is no guarantee of payment and you still may need to undertake enforcement action and further delays.

Judges like mediation - if you have tried mediation before going to court, the judge will look favourably on that and won’t add further time delays by insisting you try mediation first

To find out more

You can contact Jeremy on 020 8915 1012 or at our Croydon Head Office on 0845 260 0101 or alternatively send Jeremy an email.