8 out of 10 claims settle in first year of Mediation Scheme

December saw the completion of the first year of our work as specialist independent mediators under the NHS Resolution Mediation Scheme for personal injury and clinical negligence claims. In the year we had almost 50 matters go through the scheme – 18 were in November and December with 25 expected in the first two months of 2018. 

We have been instructed by 37 different claimant firms and by all the NHS Resolution panel firms.  

It is clear that a few features of the scheme are not fully appreciated: 

  • It is open to personal injury claims involving NHS Resolution and is not limited to clinical negligence claims. 
  • The claimant has choice of mediation provider and the specific mediator from that panel. 
  • In certain circumstances NHS Resolution will meet the whole of the mediation fee. 

Here are some statistics from the year: 

Outcomes 

Overall settlement rate – 79% 

Matters settling on the day – 71% 

Matters settling within two weeks of the mediation – 8% 

Litigation stage 

Pre-litigation – 27% 

Within 4 weeks of trial – 17% 

Mediation duration 

Half-day – 58% 

Full-day – 40% 

Telephone – 2% 

Claimed case value 

Under £100,000 – 38% 

£100,000 to £750,000 – 46% 

Over £750,000 – 16% 

Arrangement time 

Mediations taking place within 4 weeks of instructions to Trust Mediation – 60% 

If you are handling personal injury or clinical negligence claims on behalf of or against NHS Resolution and would like to know more about the scheme or get in-house training from our specialist mediators call Phil Hesketh on 07595 365578 or email philip.hesketh @ trustmediation.org.uk. 

Read more about the NHS Resolution mediation scheme here.

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Sir Henry Brooke

On behalf of all mediators at Trust Mediation, past and present, I would like to offer a few words of tribute to Sir Henry Brooke who, so sadly, passed away on 30 January. He was a great lawyer, an inspirational mediator, a great communicator and a wonderful man. Sir Henry, then recently retired from the… Continue Reading

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  1. This is a lovely tribute: thank you. One slightly unnerving outcome of all the mediation training courses Dad went on in his 70s was that he learnt all sorts of communication techniques that were entirely new to him (leaning forward,nodding, making eye contact, that sort of thing) & started practising them at home on his family.

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The new justice economy

The following article by our panel mediator Tim Wallis first appeared in the Solicitors Journal September 2017 and is published here with kind permission. Alternative dispute resolution, what used to be ‘the next thing’, has now become mainstream. However, attention is now turning to online dispute resolution, or ODR, a term used here to mean… Continue Reading

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Judge proposes mediation for serious medical treatment cases.

Our panel mediator and specialist clinical negligence solicitor Andrew Hannam discusses the European Court of Human Rights Decision re: Charlie Gard This article was first published by LexisNexis What issues did this case raise? The domestic Courts and the European Court of Human Rights were tackling the difficult and emotionally charged issues of when it… Continue Reading

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NHS Resolution

On April 1st the NHS Litigation Authority re-branded itself as NHS Resolution and embarked upon a 5 year strategy to implement processes ensuring fair resolution of claims and that lessons are learnt from adverse patient incidents. In its forward to its Strategy Plan the NHS Resolution expressly recognises that “the process of claiming compensation need not… Continue Reading

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NHS pays indemnity costs again for failing to mediate costs dispute

The NHS has again been penalised for failing to mediate costs litigation. I wrote last month about the case of Reid v Buckinghamshire Healthcare NHS Trust where indemnity costs were ordered from the date of the offer to mediate. In Bristow v The Princess Alexander Hospital NHS Trust & Ors [2015] EWHC B22 Master Simons… Continue Reading

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SCCO penalises NHS for not mediating costs dispute

Master O’Hare in the Senior Courts Costs Office has confirmed that the rules on penalties for unreasonable refusals to mediate apply to costs litigation, not just the substantive personal injury or clinical negligence claim. In Reid v Buckinghamshire Healthcare NHS Trust the defendant took six weeks to respond to and reject an offer to mediate… Continue Reading

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Mediation Achiever of the Year 2015

Frances McCarthy of Pattinson and Brewer and Trust Mediation has received the award of Mediation Achiever of the Year 2015. The judges also had an award for a founder member of Trust Mediation Advisory Council and longstanding supporter of mediation, David Fisher. David, the Catastrophic & Injury Technical Claims Manager at AXA, was given the… Continue Reading

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