If your client does not want to settle now there is little point adding the expense of a mediation to the legal fees. However as a solicitor you will want to make sure you have:
- complied with your duties under Rule 2 of the Solicitors’ Conduct Rules (see guidance note 15) and the Pre-Action Protocols by advising your client about alternative methods of dispute resolution and the on-going need to try and settle cases;
- advised your client of the benefits of mediation;
- recorded your clients clear instructions.
