When I was asked to write an article on mediation in personal injury (PI) work, my immediate reaction was to wonder why it was needed.
Subsequently, I conducted an ad-hoc poll among my colleagues in our PI and clinical negligence departments. In recent years our 60 plus fee earners have recovered over £100m for our clients in cases ranging from minor whiplash injuries to multimillion-pound catastrophic injury settlements. Of the several thousand cases that made up this sum, it is surprising to note that only one was resolved as a result of a mediation.
Alternative dispute resolution (ADR) was one
of the cornerstones of the Jackson ...
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