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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