Few high value personal injury cases go to mediation without the approval of counsel, at the very least on the claimant’s side. Barristers are in the important role of gatekeeper for personal injury mediation.
With claimants soon to have more interest in the costs of personal injury litigation and insurers always eager to shorten claim life cycles mediation is set to take a more prominent role. Barristers will therefore want the experience and skills to negotiate in this forum.
JSM or Mediation
Joint Settlement Meetings are an effective method of alternative dispute resolution for most serious injury cases. However there are circumstances where the presence of a skilled neutral makes a mediation more likely to succeed. We would recommend a mediation where:
- Relations between the legal teams are strained : this occasionally occurs making communication difficult. The mediator can act as a conduit and safe sounding board allowing the negotiations to proceed.
- One side has unrealistic expectations : your opponent may have unreasonable expectations. A neutral mediator can effectively assist the management and reality testing of their aspirations.
- You do not trust the bona fides of your opponent to negotiate seriously : a mediator will prevent “fishing exercises” and focus the parties on settlement if one is possible.
- Liability is disputed : we routinely help parties settle liability disputes.
If you have a case that you think may be suitable give us a call for a free, no-obligation assessment.