The MOD is just one government department successfully using mediation.
The Government has provided examples of mediation settlements in its ADR Annual Pledge Report 2008/09. I have extracted three of the personal injury settlements highlighted in the report.
Soldier killed in training accident
A 22 year old soldier died when he accidentally shot himself during a training exercise in Iraq in 2004. His parents brought a compensation claim against the Ministry of Defence under the Fatal Accidents Act 1976, and the Law Reform (Miscellaneous Provisions) Act 1934, including a dependency claim. Settlement was reached saving the costs of a four day High Court trial. The benefit of mediation for the parents is described in the report:
The father of the deceased took the opportunity to address the MOD representatives, during which he articulated the devastation he, his wife, family and friends felt at the tragic loss of their son. He went on to say that the mediation was the first time that he had had the opportunity to address the MOD ‘face-to-face’. He took the opportunity to raise some issues which although not directly related with the action, were matters he wished to ‘get off his chest’. He also expressed his gratitude for the expression of sorrow made by the MOD at the outset of the mediation.
HMRC disability discrimination and personal injury
The department faced a claim for £700,000 for under the Disability Discrimination Act and for personal injury. The parties agreed to mediation through the Employment Tribunal. Settlement was reached and the department saved the costs of a three week hearing.
Treasury Solicitors Department
This department was also involved in settlement of a fatal accident following a training accident.
The claim was for over £75,000 in damages. Mediation was concluded in one morning and was settled for slightly over £40,000 plus reasonable costs.
NHSLA
The report does not give any examples of settlements of clinical negligence by mediation. That accords with the anecdotal evidence I have from claimant clinical negligence lawyers that the NHSLA does not use often suggest mediation in these cases. However the report does say:
The high settlement rate achieved at mediation indicates that the parties find ADR of great benefit in resolving claims.
If you are trying to persuade the NHSLA or their lawyers to accept a mediation proposal you might want to refer them to the first page of the report:
Government departments and agencies make these commitments on the resolution of disputes involving them:
- Alternative Dispute Resolution (ADR) will be considered and used in all suitable cases wherever the other party accepts it.
Are you a clinical negligence lawyer? If so I would be pleased to hear your view on the take up or otherwise of mediation by both claimants and defendants. Post your views below.
