Settlements reached in Mediation are binding and enforceable once they have been written up and signed by the parties or their lawyers. In legal terms they are compromise agreements which are enforceable.
Category Archives: Practice and procedure
How does the new low value RTA scheme work?
The government has published its policy report outlining a new claims process for road traffic accident personal injury claims valued between £1,000 and £10,000. Will it mean quicker pay outs for claimants and lower costs for lawyers?
Make mediation work for your practice
Overworked? Too many files in the cabinet? Not going to meet the billing target this month? Whether you are a claimant or defendant personal injury lawyer, an insurer or a loss adjuster you can make mediation services work for you and help improve your client’s satisfaction. Have a look through your files and identify two or three…
You know it's time to mediate when …
There is no absolute answer to the question “when is the right time to mediate?” in personal injury and clinical negligence compensation claims. Here are a few indicators though. Ask yourself these three questions : Does my client want to settle? Have I got enough information to negotiate a settlement? Has the last offer been…
Promoting Personal Injury Mediation – Ministry of Justice response
Thank you to those who responded to my post Promoting Personal Injury Mediation. As promised I sent my proposals to the Alternative Dispute Resolution Team at the Ministry of Justice and have recently had a response. The committee agreed with my observation that the Allocation Questionnaire form could be revised given the way in which…
Mediation – second nature to litigators, litigants and the courts
Lord Clarke urges litigators to embrace mediation as second nature
The other side refuse to mediate, what can I do?
I have written about this question before but is one that comes up time and again. There are frustrated litigators who having recognised the benefits of personal injury mediation in appropriate cases are met with stubborn resistance from an opponent. It is not possible to say that the claimant or defendant side is the recalcitrant…
Speak to your mediator
Experienced practitioners know that preparing for a personal injury mediation is not like preparing for a trial or disposal hearing. One of the many differences is the fact that you can speak to the mediator before the meeting. Can you imagine picking up the phone a week before trial and asking the judge can you…
Money’s too tight to mention.
Quick cash recovery in personal injury mediation.
