Mediation

Mediation is a form of Alternative Dispute Resolution (ADR) in which a neutral third-party, the mediator, helps the parties to a dispute to reach a mutually-agreeable resolution. Mediation is a voluntary process, in which the parties to a dispute discuss their issues with the help of a neutral third-party, who acts as a facilitator rather than a decision maker.

In the context of a personal injury claim, mediation can be a useful tool for resolving disputes between claimants and defendants without the need to go to court. It allows the parties to discuss their issues in a more informal setting, with the goal of reaching a settlement that is acceptable to both sides. Mediation is usually less formal than going to court, and it can be quicker and less expensive.

The mediation process typically includes the following steps:

  • Appointment of a mediator
  • Preparations for the mediation, including the exchange of information and evidence
  • The mediation session, where the parties discuss their issues with the help of the mediator
  • If a settlement is reached, the mediator will draft a written agreement, which will be signed by the parties

The majority of personal injury claims are handled by a personal injury solicitor on a no win, no fee basis. As such, a claim can be brought without financial risk to the claimant.

Less than 2% of personal injury claims actually go to court. Most are negotiated out of court between the solicitor and the defendant.,

Generally, only very complex cases or those where liability cannot be resolved, end in personal injury court proceedings.

See also:

Arbitration

How often do injury claims go to court and what if they do?

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Chris Salmon, Director

Author:
Chris Salmon, Director