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Attritional litigation warfare! Personal Injury mediation

  Lord Justice Briggs in his report on the structure of the Civil Courts says that “there appears to be a particular shortfall in the potential penetration of mediation in relation to personal injuries and clinical negligence claims. Feedback …...

Half of small businesses do not take advice

Nearly half of small businesses in Britain are failing to seek legal advice for legitimate potential claims, research shows. Concerns over legal fees and the amount of time required to mount a legal action were cited as the main reasons dissuading the nation’s...

Mediation – First Aid for Litigation – NHSLA endorses mediation

ProMediate has a panel of mediators who specialise in dealing with personal injury and clinical negligence disputes. In a previous post, we explained that NHSLA published its annual accounts recently and how mediation can save legal costs. The NHS Litigation Authority...

Court should be a last resort

A decision illustrates dangers of not complying with pre-action protocols, which includes mediation and ADR. In Nicole Chapman v Tameside Hospital NHS Foundation Trust (unreported, 15 June 2016) the County Court ordered a defendant to pay the costs of a claimant who...

Mediation and ADR after the Briggs LJ Report. No solutions! A summary

In case readers do not want to read a detailed article about this, here are the main points from a mediator’s perspective: 1. The report recommends reinstating the National Mediation Helpline and After hours court based mediation scheme that was previously...