How does it work?

Mediation works by concentrating on reaching a settlement rather than, as with adversarial litigation, focusing how strong or weak the case may be.

Before the mediation

These are the mechanics or “batting order” of the work to get your mediation off the ground:

- Review the Trust Mediation Information Letter and explain mediation to your client (in accordance with Rule 2.02 of Solicitors’ Code of Conduct 2007 and the Law Society's Practice Advice).

- Agree with your opponent to mediate. Discussion is the best way. Our Registrar can speak to the other side on your behalf. You may wish to send a formal offer to mediate based on the Trust Mediation Model Mediation Offer Letter.

- Agree a mediator with your opponent. See the CVs and testimonials of the  Trust Mediation Mediators.

- Fix a mutually convenient date, time and place for the mediation with your opponent and liaise with Trust Mediation's friendly Registrar about these logistics.

- Book the venue and arrange any necessary refreshments.

- Preparation is key. You don’t need to have “trial-ready” evidence to mediate, but you do need to know your case. See “What needs to prepared before a mediation?” (Ensure, in particular, that you deal with authority to settle.)

- Sign the Mediation Agreement which incorporates Trust Mediation's Mediation Rules.

- Pay the mediation fee in accordance with the invoice that will be sent to you.

Remember, Trust Mediation's friendly Registrar is here to help. Email or phone 0207 353 3237 if you have any queries.

At the mediation

The mediator will advise on the flexible informal process to be followed. The mediation will be conducted according to Trust Mediation's Mediation Rules.

There may be a joint opening session when the parties and/or their representatives may be invited to make a brief opening statement. It is also likely that there will be private sessions, when the mediator will discuss the case with you and your client in private. The success and pace of the mediation is usually directly related to the quality and thoroughness of the parties’ preparation.

When settlement is reached the agreement will be formally recorded (usually, where proceedings have been commenced, in a Tomlin Order). Costs are often agreed at the same time.

After the mediation

In cases where settlement is not reached on the day the mediator will often be prepared to work with the parties, by telephone, to see if final resolution can be reached soon afterwards.

Do claims settle?

Personal injury practitioners in countries such as Australia, Canada and the USA have routinely used mediation for many years. A UK insurer reported on a pilot scheme that has been running for a number of years:

“Figures produced by the leading mediation provider put the success rate (achieving settlement) at 80%-90%. Results tracked by Allianz Cornhill reflect those percentages. This is extraordinary given that these cases all involved disputes and would otherwise have headed for trial.”

(Tony Newman, Technical Claims Controller, Allianz Cornhill, reported in Insurance Times, August 2006.)