Personal Injury and Clinical Negligence Mediators

COVID-19 UPDATE

We are pleased to announce Chambers building is officially open and all members of the 9SJS Mediation Group are able to host mediations again at 9 St John Street. To assist in preparing for face to face mediations we have prepared a short guide which you can find here.

"There is a widespread belief that mediation is not suitable for personal injury cases. This belief is incorrect." Lord Justice Jackson, 2010

What is mediation?

Mediation is a confidential process which gives litigants the opportunity to work with a neutral third party to try and resolve their claim without the risk and expense of going to trial.

For many years now mediation has been used as a means of resolving a wide range of disputes, from commercial claims through to family break ups.

Lawyers specialising in personal injury claims have been slower to embrace the mediation process than their commercial and family counterparts but in recent years there has been a huge growth in mediation as a means of resolving personal injury disputes. The specialist personal injury mediators in the 9 St John Street Mediation Group are at the forefront of the growth.

How does it work?

In personal injury mediation, it is most common to have the Claimant and his or her lawyers in one room and the Defendant’s lawyers and insurer in another room. There is usually the opportunity at the start of the day for the parties to meet together with the mediator and set out their positions. The mediator then moves between the rooms in the hope of bringing the parties to common ground. The process is flexible. The mediation itself is confidential, as is any information conveyed to the mediator by the parties when they are in their individual rooms.

Why mediate?

Mediation can bring with it many benefits over the usual JSM procedure, including:

• Mediation can assist in cases where parties feel like they are in deadlock in the negotiation process, including but not limited to cases where there has been a breakdown in the relationship between the opposing sides.
• Mediation gives the opportunity to Claimants to explain their suffering and for Defendants to listen or acknowledge first hand the impact upon the Claimants. Mediation is focused on the individual Claimant and their needs, making it particularly attractive as an option in a case where there are rehabilitation needs to address.
• Mediation gives the opportunity for remedies outside the litigation process, such as an apology, which can be beneficial for the Claimant and their mental recovery.
• Mediation can assist in particular in pre litigation cases, when insurers are looking to settle a claim early to avoid spiralling legal costs and Claimants are keen to see an early resolution to their dispute.
• The mediator controlling the process limits 'grandstanding' by legal representatives and helps keep the process less adversarial.
• Mediation can be particularly helpful for a Claimant who has difficulty understanding the negotiation process and is keen for their "day in court". This is because the mediation process lends the opportunity to dispel the Claimant's assumptions that are presenting a barrier to fruitful discussions.

Why 9 St John Street Mediation?

Our personal injury mediators are hugely experienced personal injury practitioners, each with over 20 years experience in the area. This allows them to effectively ‘reality test’ the propositions being advanced by both sides in the dispute. Our mediators have represented both Claimants and Defendants and understand the pressures from both sides. Our mediators are independent and objective. We are also able to offer mediations through different remote platforms. Our fees are competitive, and our clerk Joe Gibson (joe.gibson@9sjs.com - 0161 955 5161) is always happy to talk through your requirements and likely fees.

Download our Mediation Templates

  Mediation Agreement

  Mediation Terms of Appointment