Solicitors have a professional obligation to advise their clients about mediation and other forms of ADR. See guidance note 15 to Rule 2 of the Solicitors’ Rules of Conduct 2007 which says :
When considering the options available to the client (2.02(1)(b)), if the matter relates to a dispute between your client and a third party, you should discuss whether mediation or some other alternative dispute resolution (ADR) procedure may be more appropriate than litigation, arbitration or other formal processes. There may be costs sanctions if a party refuses ADR – see Halsey v Milton Keynes NHS Trust and Steel and Joy [2004] EWCA (Civ) 576. More information may be obtained from the Law Society’s Practice Advice Service.
You might want to tell your client about some of the benefits of mediation :-
- Mediation is a quicker alternative to going to trial;
- Mediation can potentially result in a considerable saving in costs if settlement is reached;
- You can not lose at mediation – there is no judge to make a ruling;
- Mediation settlements are not limited to the orders that a court can make;
- Mediation is an informal procedure;
- You retain control of a mediation settlement;
- Mediation is voluntary and without prejudice but settlements are binding;
- The court may penalise in costs a party that refuses to consider mediation.
Click here for more details about the benefits of mediation.
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