News
Police lose 33% of costs for failing to mediate
The High Court has penalised the Metropolitan Police by reducing their costs by a third in a case where they won on every substantive issue because of its “failure fully and adequately to engage in the ADR process”. Turner J made the ruling in Laporte &...
Which Personal Injury Cases are suitable for Mediation?
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...
ADR and Mediation in the Insurance Industry
Trust Mediation worked with Expedite Resolution to host a conference on 30th October 2014 in London on mediation in the insurance industry. Our distinguished speakers were Debbie Masucci, Chair of the Board of the International Mediation Institute and...
Personal Injury Mediation Achiever of the Year
We are delighted to announce that one of our founding panel mediators, Tim Wallis, has been recognised for his outstanding contribution to mediation in the personal injury field with the Eclipse Proclaim Personal Injury Mediation Achiever of the Year 2014 Award. Tim...
Indemnity Costs Penalty for Refusal to Mediate
The High Court has added to the line of cases where a party has been penalised in costs for unreasonably refusing an offer to mediate. In the case of Garritt-Critchley v Andrew Ronnan and Solarpower PV Ltd there were repeated offers to mediate and repeated...
Should every letter of claim include an offer to mediate?
At the Claims Magazine Conference on 25th March 2014 Professor Dominic Regan reviewed PGF II SA v OMFS 1 Ltd, a case I have previously written about on this blog. He said as a result of the case “every claimant without exception should include an offer to...
£250,000 costs penalty for ignoring offer to mediate
What happens if you simply ignore an opponent’s offer to mediate? You run the serious risk of a significant costs penalty. Who says? Lord Justice Briggs and his colleagues in the Court of Appeal case of PGF II SA v OMFS Company 1 Ltd. What happened? The case settled...
Reform of Part 45.10 to benefit all
Telephone Mediation through the Small Claims Mediation Scheme has proved to be very successful (figures for Aug – Oct 2011 showed 67% of nearly 3,000 cases settled). Currently the scheme is free to the users. Once claims are in the Fast Track then the free scheme does...
Implementing Jackson
Trust Mediation is hosting, and you are invited to join, a brain-storming litigation business discussion looking at the forthcoming Jackson reforms with some leading figures in the personal injury sector. Topics to be discussed: One way cost shifting – how will the...
Can you settle costs at a mediation?
Can costs be settled at personal injury mediation? Yes, they can. One of the great strengths of the mediation process is that it enables the parties to reach agreement on everything on which they would otherwise have to seek a ruling if they are unable to...
