Directions Questionnaire (Small Claims Track) : Settlement/Mediation
Directions Questionnaire (Small Claims Track) : Settlement/Mediation
To be completed by, or on behalf of, You should note the date by which this questionnaire must be returned and
Richard Ward the name of the court it should be returned to since this may be different from
the court where the proceedings were issued.
who is [1st][2nd][3rd][ ][Claimant][Defendant][Part 20 claimant] in this claim If you have settled this claim (or if you settle it on a future date) and do not
need to have it heard or tried, you must let the court know immediately.
A Settlement/Mediation
Under the Civil Procedure Rules parties should make every effort to settle their case. At this stage you should still think about whether you and the other
party(ies) can settle your dispute without going to a hearing.
You may seek to settle the claim either by direct discussion or negotiation with the other party or by mediation. If settlement is reached parties may enter
into a binding agreement which can be enforced if the terms of the agreement were to be breached.
Mediation is a way of resolving disputes without a court hearing, where the parties are assisted in resolving their dispute with the help of an impartial
mediator. If the claim is settled at this stage the parties can avoid further court fees, costs and time involved in preparing and attending a hearing.
You may use any mediation provider. However, HMCTS provide a free confidential Small Claims Mediation Service which is available to parties in most
small claims cases which are for less than £10,000.
Mediation is usually carried out by telephone in one hour time limited appointments convenient to the parties and is quicker than waiting for a court hearing
before a judge. There is no obligation to use the Small Claims Mediation Service nor are you required to settle if you do. If you are unable to reach agreement
with the other party at mediation, the claim will proceed to a small claims hearing.
You can get more information about mediation from www.gov.uk
If all parties agree, this case will be referred to the Small Claims Mediation Service. In any event the court may order the service to contact you to explore
mediation.
You must complete the remainder of the form regardless of your answer to A1
C1 Do you agree that the small claims track is the appropriate track for ✔ Yes No Track
this case? The small claims track – generally for lower value and
less complex claims with a value under £10,000. You
If No, say why not and state the track to which you believe it should can get more information by reading leaflet EX306 ‘The
be allocated small claims track in civil courts’. You can get this
leaflet online from hmctsformfinder.justice.gov.uk
D1 Do you consider that this claim is suitable for determination without a ✔ Yes No The court can determine this claim without a hearing:
hearing, i.e. by a judge reading and considering the case papers, witness (a) if both parties agree; or (b) where the ‘Small Claims
statements and other documents filed by the parties, making a decision, Paper Determination Pilot’ applies, even if the parties
and giving a note of reasons for that decision? do not agree. For more information on the courts
participating in the pilot and the cases to which the pilot
If No, please state why not. may and may not apply, please see Practice Direction
51ZC to CPR 51.
E5 Do you believe you, or a witness who will give evidence on your ✔ Yes No
behalf, are vulnerable in any way which the court needs to consider?
If Yes, please explain in what way you or the witness are vulnerable and
what steps, support or adjustments you wish the court and the judge to consider.
F1 Have you been advised of your right to give evidence in either ✔ Yes No
Welsh or English?
F2 Will you and your witness(es) wish to speak Welsh or English at court or Welsh
will both languages be used? ✔ English
Both
F3 Will documents produced to the court during the case be in Welsh or Welsh
English or some in Welsh and some in English?
✔ English
Both
Signature
You must sign this form
Richard Ward
Once you have completed this form, please return it to the court at the address shown on the form N149A - Notice of proposed
allocation to Small Claims Track.
You must also send a copy of this form (N180 Directions questionnaire) to each of the other parties in this case.
Find out how HM Courts and Tribunals Service uses personal information you give them when you fill in a form:
https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/personal-information-charter