Personal Injury and Mediation
Core has been involved in two significant personal injury mediations in the past month. One concerned a family (widow, siblings, children and grandchildren) claiming damages as a result of a fatal accident and the other involved an individual who had sustained very serious injuries in a chemical explosion. In both cases settlement was achieved - one on the day itself and the other just a few days later.
Not only was a financial settlement secured but in one of the cases there was an opportunity to listen and be heard, for regret to be expressed, for anger and frustration to be vented and, as a result, for real closure to be achieved. No one left these mediations elated but, in both, parties went away with the matter behind them in the knowledge that a reasonable deal had been struck and that expensive court actions were now at an end - and that they could get on with the rest of their lives.
Why is it that there seems to be relatively little take up of mediation for personal injury matters in Scotland? Perhaps because the vast majority of these claims are settled by direct negotiation? Or because there is no trigger in the usual litigation process to encourage consideration of mediation? (What about pre-proof mediation, for example where joint meetings require that extra bit of input?). Or does mediation not hit the right buttons for personal injury lawyers or insurers?
Interestingly, at a recent seminar a leading insurance broker made clear that, for her, mediation was an essential part of the framework for resolving claims, that willingness to use mediation was a factor in assessing risk and that she expected legal advisers to utilise it too. So, there must be greater potential here.
Click here to read the thoughts on mediation (from our book,Thinking Differently) of one leading solicitor who acts for insurers - and here to read more on our personal injury page.