You know from the Solicitors’ Conduct Rules and the Pre-Action Protocol that you have to advise all your clients about mediation, but what should you tell them? What’s in it for them?
Early settlement. When was the last time you read a client feedback form after the conclusion of another successful case where it said “Great result but the case didn’t last for as long as I was hoping”? Unless your client is getting divorced and trying to keep the compensation out of the settlement pot then the likelihood is that they want the money the day before yesterday.
Stress. Clients worry about their cases. They stop worrying and spend their money when the case is resolved.
Day in Court. For some claimants there is a real need for them to tell their story. In a mediation they have the option of speaking directly to their opponent to tell them exactly what they think and how they have been affected, without interruption, questioning or technical rules of evidence. In court they just get to confirm a statement and then face the pleasure of cross examination.
It’s not just the money. For some claimants this really is true. A mediated settlement may involve an acknowledgment of wrongdoing, an apology, a commitment to improve the working environment, an extra week’s paid holiday, a promotion. If it is legal it can be included.
Involvement in the case. The claimant can play as full a role in the mediation as they want to. They are fully informed. There are no carve-ups between opposing counsel. They do not have a judgment imposed upon them.
Nothing to lose. You can’t lose a mediation. If you can’t agree a settlement that your client can live with then you walk away and go back to the litigation.
Early Settlement. I know, but it is really important to clients.
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