Why Mediation? - Trust Mediation

Why Mediation?

 

Speed

Claimants, defendants, solicitors and insurers all suffer when claims are delayed. Mediation can speed up the process of resolution. Mediation works – 80% of our mediations result in a settlement and half take place before court proceedings are ever issued. 

This can give closure to the Parties involved and remove the stress and anxiety of going to court. Lawyers can convert their work in progress to cash and reduce the life cycle of claims. Insurers can release the reserves tied up in unresolved claims.

 

Comfort

Most mediations now take place online. Claimants can participate from the comfort of their own home reducing the stress of face-to-face meetings and the time and costs of travelling. 

Participation

The mediation process allows parties who want to have their say to speak directly to other side telling them how the incident has impacted their lives. Defendants have the opportunity to hear from the claimant, explain their case and apologise directly when it’s appropriate to do so. 

Benefits

Claimants have certainty and receive their compensation earlier.

Claimant lawyers manager risk and get paid quicker.

Defendents reduce claim life cycles and the overall cost of claims.

Risk Management

A mediation is an opportunity for both sides to properly assess the strengths and weaknesses of their case and to mitigate the risks of unsuccessful litigation.  

This is how mediation helps all the parties involved in a personal injury or medical negligence claim: 

Party  Problem  Our Mediation Solution 
Claimant  Wants a fair outcome as soon as possible. 

Mediation works – 80% of our mediations result in a
settlement. 

 

Many take place before proceedings are ever issued. 

 

Wants to be heard but does not want the anxiety of going to
court. 

 

You can participate from the comfort of their own home using video
technology. 

 

You can take as much part in the process as you decide – including the
opportunity to speak directly to the other side if you want to. 

  May want more than just a financial settlement.  Where appropriate the defendant can give you an apology or the
reassurance you need that lessons have been learned. 
  Wants to keep their legal fees down.  The sooner you can resolve the claim the more of your compensation you
get to keep. 
Claimant’s lawyers  Cash is tied up in work in progress.   Mediations can be done early in the process and often pre-litigation so
costs and disbursements can be recovered sooner. 
  Wants to mitigate risk on CFA matters.  Not all cases are going to succeed. You may discover information at a
mediation that influences your risk assessment of running a case to trial. 
  Wants satisfied clients  Claimants comment on the relief of settlement following a mediation
which avoided the risk, delay and anxiety of going to court. 
Defendant  Wants a fair outcome as soon as possible. 

Mediation works – 80% of our mediations result in a
settlement. 

 

Many take place before proceedings are ever issued. 

  Trial may have an adverse effect on professional reputations  Mediations are private and confidential and can help parties avoid the
public arena of a trial. 
Defendant’s insurers  Reserves tied up in unresolved claims.

Mediation works – 80% of our mediations result in a
settlement. 

 

Many take place before proceedings are ever issued. 

Defendant’s lawyers  Wants to hear from the claimant.  Mediation gives the parties the opportunity to hear directly from the
other side which often leads to a better understanding of the risks of a case. 
  Needs to keep life cycle of cases to a minimum. 

Mediation works – 80% of our mediations result in a
settlement. 

 

Many take place before proceedings are ever issued.