ASMADR offers a cost-effective online mediation service using the latest specialist technology to host a virtual mediation with an Online Dispute Resolution (ODR) mediator. Online mediation is available on all platforms from desktop PC/MAC to mobile telephone. The only requirements are a reliable internet connection, an ability to operate the quite straightforward software, the facility for forwarding documents online and for the parties to have quiet, confidential places in which they can mediate.
Our Small Claims Mediation scheme is for claims with a maximum value of £10,000, co-incident with the small claims court limit.
|Claim value of less than £10,000.00||Up to 2-hour online mediation||£125.00 plus VAT per party|
|Claim value of less than £10,000.00||Up to 3-hour online mediation||£175.00 plus VAT per party|
Online mediation offers a cost-effective alternative to conventional mediation, saving parties both time and money whilst eliminating the need to arrange a physical venue, thus further reducing costs.
Cases that could not otherwise be pursued because of costs limitations can be dealt with in a timely, cost-effective manner.
Compare ASMADR mediation to the small claims court:
- SPEED A mediation can be arranged in 14 days. You could be waiting 6 months for a small claims hearing
- FLEXIBLIITY You can mediate from home. Appointments can be made to suit times and needs of parties. Travel and waiting times which can incur very significant costs, especially to businesses, are avoided. Sometimes small claims hearings don’t even go ahead on the day and get adjourned.
- CONFIDENTIAL Mediation is an entirely confidential process. Whilst small claims hearings usually take place in a judge’s private room, the judgment itself is a public document.
- BINDING Both mediation settlement and judgment are binding. If breached, separate action may need to be taken in court to enforce. However, in the case of mediation this is less likely to be needed as a) there has been agreement and b) it is possible to make settlement itself conditional upon receipt of cleared funds. A small claims court judgement also affects credit rating which can even make it difficult for some parties to raise the judgement sums awarded against them.
- POSITIVE In court there has to be a ‘winner’ and a ‘loser’. In mediation, it is possible to preserve relationships if desired, which can be important when existing business contacts, family or friends are involved.
- COST EFFECTIVE Court fees in small claims small claims cases vary depending on the value of a particular claim and are set on a sliding scale. They will certainly well exceed payment for ASMADR mediation by at least three times for a claim value of £3000 where the court issue (as of September 2018) is £205 (reduced to £185 if using Money Claims Online system) and the hearing fee is £355 (total therefore £560). This comparison even ignores the cost of legal advice which is often necessary to navigate the court forms as well as understand where you stand legally and how you need to present your case. Court fees are added to the debt owed to you if you win in court, but the cost of legal advice and representation is not usually recoverable.
Monies due must be received by ASMADR from both parties at least five clear working days prior to the date agreed for the mediation. The fee is not refundable if the mediation does not proceed. If, for whatever reason a case is rescheduled after a date for mediation has been agreed, ASMADR reserves the right to make an additional charge of £30 plus VAT per party.
As part of signing the agreement to mediate the interested parties warrant that they are able to operate the relevant online software, that they are able to transmit documentation to all the parties online and that they will participate in the mediation from a quiet, confidential location.
Time limits will be strictly adhered to by the appointed ASMADR mediator. This will include allowing the time necessary for drawing up any agreement.
In so far as there are existing court proceedings it will be for the parties themselves without any additional input from ASMADR to lodge any agreement reached and pursue such means of enforcement as may be deemed necessary.
Small claims mediation is not suitable for the following: inheritance claims, disputes between cohabitees where there is a law of trusts issue, neighbour disputes, family disputes involving children or finance, or in cases that have particularly complicated factual or legal scenarios.
The fees charged include pre-reading of no more than five, 11 size font A4 documents which must be sent to the other party and to the ASMADR mediator at least five working days prior to the date fixed for the mediation. If any additional documentation is provided, an additional fee of £10.00 plus VAT per A4 page (or the equivalent) will be charged.
Any incidental costs such as the cost of taking incidental professional advice or obtaining the requisite online software must be borne by the respective parties.
ASMADR mediators are neutral and will not offer advice or guidance to any of the parties. They will be advised before they agree to mediate that they should take appropriate legal or other professional advice before the process starts.