In effect it is imposing on the parties a duty to mediate. There are a long line of cases setting out that failures to agree to medication can mean a winner does not get all his costs, or a loser has to pay even more costs.
Alternative Dispute Resolution – What does it mean?
In effect it is imposing on the parties a duty to mediate. There are a long line of cases setting out that failures to agree to medication can mean a winner does not get all his costs, or a loser has to pay even more costs. Recent examples include:- Garrit – Cirtchley v Ronnan (2004) and Laport v Metropolitan Police (2005). This does not mean that parties go through a charade of mediation to satisfy the Court in even very weak claims, but consideration must be given to mediation to avoid judicial criticism at a later date.
A voluntary pilot scheme for Adjudication of Solicitors Professional Negligence Claims was launched on the 1st February 2015. The PNLA/PNBA adjudication scheme provides access to an independent expert professional negligence Barrister to form a (if the parties agree binding) view on the merits. More information on this can be found on the PNLA website, but the advantage of this is that both parties could submit papers for argument before such an expert tribunal, without the delay and vast expense of a full trial and be provided with a fully independent opinion which could (if everyone agrees) be binding. Attached is a copy of the ‘pilot pack’ with an introduction by Mr Justice Ramsey dated October 2014, which includes details of 5 trial adjudicators appointed by the Professional Negligence Bar Association.
David Jones is a Solicitor and Director of MJP Ltd – specialising in Professional Negligence claims