Are you making compelling offers to mediate?

February 27, 2019 By Phil Hesketh Mediation Tips

Offering to mediate a personal injury or clinical negligence dispute is no longer considered a sign of weakness or an indication that you do not have the confidence to go to trial. Recent cases on costs sanctions for failing to engage in mediation such as PGF II...

Which Personal Injury Cases are suitable for Mediation?

February 27, 2019 By Phil Hesketh Mediation Tips

Welcome to the first in a series of posts which are designed to help litigators who have not yet taken part in a mediation get a clear understanding of the steps in the process. It will hopefully also be useful for litigators who are experienced in mediation, perhaps...

How to persuade an opponent to mediate

February 27, 2019 By Phil Hesketh Mediation Tips

The carrot Mediation often works best as an entirely voluntary process, so the carrot is better than the stick. A letter can be persuasive, but a phone discussion (or meeting) is more likely to produce a result – you can put arguments to deal with an opponent’s...

Who should attend personal injury mediations?

February 27, 2019 By Phil Hesketh Mediation Tips

The claimant (and his/her partner, if they want to come) should attend a personal injury mediation, along with one competent lawyer.  Whether the lawyer is counsel or solicitor doesn’t matter.  If counsel attends, the solicitor should be at the end of a...