Mediation in Professional Negligence Claims

The parties to a professional negligence claim may consider that alternative dispute resolution will be preferable to lengthy litigation.

The parties to the dispute will mutually select a mediator and a venue for the mediation. Mediation often occurs in professional negligence claims and can result in a successful resolution of the dispute, either during the course of the mediation itself or in follow-up negotiations post- mediation. Sometimes if the parties are far apart on legal arguments they may ask the mediator to conduct an Evaluative Mediation, although this is rare.

What is Mediation?

Mediation is defined as a process by which a neutral third party (known as the mediator) gets together those involved in a dispute to reach a compromise solution. The main point of mediation is that the parties are in control; they make the decisions, the mediator being merely a facilitator by helping them reach a compromise without being a participant in the dispute.

Our specialist lawyers have attended many mediations (with one in particular lasting over 24 hours straight!) alongside our clients, industry leading experts and the UK’s top QCs to achieve fantastic settlement results.

Advantages of Mediation:

  • it is likely to be cheaper,faster and more informal than a court hearing;
  • the parties can contribute to the content of the agreement;
  • the outcome of mediation can be agreed to be legally binding which finalises the dispute;
  • the mediator is independent and impartial; and
  • mediation is a confidential process voluntarily entered into by the parties seeking resolution of their dispute.

Disadvantages of Mediation

  • if both parties do not have their own legal representatives the weaker party could be pressured into agreeing a settlement without having received sufficient legal advice which could effect the merits/success of the case;
  • the other party may not share the same attitude to meditation; and
  • if the dispute is not resolved then court proceedings may still be required – although the mediation process will have identified the key areas of the dispute and therefore may well reduce the court time required.

Book an Initial Consultation with our Professional Negligence Lawyers

Do you have a claim against a professional? If you want expert legal advice, do not delay in instructing us so we can assess the legal merit of your case.

We can often take on such claims on a no win no fee basis (such as a Conditional Fee Arrangement) once we have discussed the claim with you and then assessed and advised you on the merits of the proposed professional negligence action.

Our expert legal team of leading Professional Negligence Solicitors & Barristers can provide urgent help, advice or representation to you. Just call our Professional Negligence Lawyers on 02071830529 or email us now.

Instruct Specialist Professional Negligence Solicitors

We are a specialist City of London law firm made up of Solicitors & Barristers operating from the only law firm based in the Middle Temple Inn of Court adjacent to the Royal Courts of Justice. Our team have expertise in advising on claims for compensation against professionals that have fallen below the standard expected, which causes clients financial or personal loss. We are experienced in bringing successful claims against negligent solicitors, barristers, financial advisers, insurance brokers, surveyors, valuers, architects, tax advisers and IFAs.

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