Mediation is increasingly recognised as the most effective way to settle compensation claims for personal injury or clinical negligence. It is cheaper and faster than going to court and in an informal environment can provide outcomes that cannot be achieved in court.
Mediation allows you to:
- Receive your compensation earlier
- Reduce the risks of losing at trial
- Save on your legal costs
- Avoid the stress of going to court
- Express your emotions regarding the case
- Have a say in the outcome
- Have certainty – a settlement vs the risks of what a judge might decide
- Have apologies or explanations – the mediation process can provide this
As soon as you can responsibly advise yourself or your client to settle the claim. The earlier the better. It is certainly possible to resolve these cases even before court proceedings have been issued as well as during the court process.
Note you may face a costs sanction if you unreasonably refuse an offer to mediate.