Mediation in personal injury cases is helpful in resolving not just disputes about liability and quantum but also, for example, disputes between multiple defendants as to their respective liabilities to a claimant.
In clinical negligence claims, where the claimant and the claimant’s family have found their lives irrevocably changed, the stress of litigation merely worsens an already difficult situation. Mediation can both shorten the litigation process and enable the parties to reach a settlement without having to re-live the circumstances at a trial.
Where the claimant is a protected party, a settlement can be agreed, subject to the approval of the court.