Mediation Tips

Are you making compelling offers to mediate?

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...

How to persuade an opponent to mediate

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?

Who should attend personal injury mediations?

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...