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?
Reduced costs. Litigation is of course expensive. A mediated settlement can have a big impact on reducing the legal bill, particularly where paying the claimant a 100% success fee is a possibility. Avoiding the listing fee alone may cover the costs of instructing a mediator.
Management time. Time is of course money. Key individuals from an organisation will have to give up time for the preparation of a case and possible attendance at court. Defendants have to factor these costs into the equation.
Non-monetary settlements. It may be that part or all of a settlement may be achieved with elements other than compensation. In a mediation you can find out what a claimant really wants and properly evaluate the cost of meeting those needs.
Preserve and improve relationships. In employers’ liability disputes the mediation may be an opportunity for dialogue with the claimant and their representatives which could result in benefits to both sides.
Reality Check. There may be a gulf between the parties’ valuations of a claim. Liability may be fully disputed. A skilled mediation will bring out the reasons for these different evaluations of a claim. It may be far more beneficial to fully understand an opponents case at a without prejudice mediated settlement meeting that an court.
See also – Mediate or lose business insurance lawyers told
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