Mediation—personal injury and clinical negligence—checklist


Produced in partnership with Marcus Weatherby of Pattinson Brewer
Checklists

Mediation—personal injury and clinical negligence—checklist


Produced in partnership with Marcus Weatherby of Pattinson Brewer

Checklists
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The format of the mediation

The Civil Procedure Rules (CPR) state that litigation should be a last resort and that the parties should consider whether negotiation or some other form of alternative dispute resolution (ADR) might enable them to settle their dispute without commencing proceedings. Mediation is often an effective form of alternative dispute resolution in clinical negligence and some personal injury matters. This Checklist provides information on the format of mediations and practical guidance to help ensure the success of a mediation.

The format is broadly as follows:

  1. •

    a mediation group agreement is signed—this agreement can dictate the boundaries of the mediation and introduce rules into it where necessary

  2. •

    a mediator convenes a joint meeting involving all parties to establish ground rules for the day and to reaffirm confidentiality and the need to respect each other

  3. •

    each party makes an opening position statement

  4. •

    a series of private meetings take place with the mediator. During these meetings, the mediator will try to test the strengths and weaknesses of each party's position. Nothing will

Marcus Weatherby
Marcus Weatherby

Pattinson Brewer

Marcus is a partner at Pattinson and Brewer Solicitors specialising in serious injury work for Claimants. He has considerable experience acting in all types of personal injury work including clinical negligence, major catastrophic injury/disability, and notably spinal injuries. He settled a spinal case in 2012 for £4.1 million.

Marcus has a particular interest in industrial disease claims, acting for victims of asbestosis and mesothelioma.

Reported Court of Appeal cases include Anderson v Newham College of Education on contributory negligence.

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