Personal Injury Mediation
CEDR Solve Personal Injury Unit
the intelligent way to solve personal injury claims
“…parties can resolve disputes between themselves in the vast majority of cases. Sometimes they just need a little assistance in getting there. These products offer that assistance. Why do we need judicial intervention unless a serious point of law is involved?” Roy Hebburn, Divisional Claims Manager, Allianz UK
In personal injury cases claimants who have suffered shock and disruption to their lives often feel angry and powerless at being kept away from any potential damages while the lengthy claims process runs its course.
In turn, defendants pay out significant sums of money in costs, with litigation failing both parties.
Money disputes should be straightforward to resolve - money awarded replaces the money lost by the claimant. But personal injury disputes can be more challenging. How do you put a value on a broken limb, loss of body image and self-esteem, disruption to family life (or in some cases a reshaping of relationships) and the stress of altered finances? The traditional legal process does not deal with the emotions engendered by this. Small wonder these claims are difficult to settle! Mediation provides a way through those difficulties by allowing the claimant to tell his or her story and to be part of the resolution.
The benefits of mediation are well known. With an open and sensible dialogue between the parties in a voluntary and protected environment the claimant feels fairly treated while defendants can work actively with the claimant’s team to conclude their liabilities.
There is closure for both (of differing qualities) on the terms that they select as right for them.
But until now this has only been economically viable in larger cases.
CEDR Solve operates a suite of products tailored for the unique challenges set by those submitting, and responding to, personal injury claims. These products offer a number of pathways to affordable resolution in smaller personal injury cases where, until now, litigation has been the only practical route to resolution.
“Costs incurred in modest value personal injury litigation are often wholly disproportionate. In its Personal Injury Unit range of products CEDR has now produced a number of useful tools to assist resolution of these claims.” Michael Tennant, former Chair of District Judges Association
eValuate- a paper evaluation service which gives the parties early judicial insight into a Court outcome. Experienced evaluators with District Judge expertise provide a written evaluation steering the parties to a solution.
eValuate is a concept based on early neutral evaluation – an independent experienced evaluator considers the submissions of the parties and assesses the likely outcome. With that expert insight based on a 360° view of the issues the parties are assisted in moving to settlement. The parties can even agree beforehand that this evaluation be binding.
eValuate is unique in that all evaluators have expertise as District Judges with the same mindset, training and experience as the ultimate arbiter of the dispute. eValuate aims to replicate as closely as possible the thinking of the County Courtroom with a more accurate prediction of the outcome than can be achieved by other methods of evaluation.
eValuate has been designed to be simple, quick and cost-effective. Once an issue becomes irresolvable between the parties thus blocking the way to settlement eValuate becomes available. The parties submit written summaries of their case to an evaluator who delivers a written evaluation within 10 working days. The written summaries are informal so there is no need for specialist drafting.
eValuate is designed for cases up to £50,000 in value. With fees starting from just £295 plus VAT eValuate is an affordable, quick and reliable way to achieve the fair and speedy settlements that both claimants and defendants want.
Telephone mediation - The power of mediation brought to smaller claims through mediation by telephone. Telephone mediation is a simple solution which brings the parties to the settlement table in a safe, controlled and confidential environment under the guidance of an experienced personal injury mediator.
The benefits of mediation in resolving disputes are well publicised and accepted.
- Open and frank discussions between the parties is made possible by the mediator who oversees the proceedings
- The mediator builds a 360° view of the issues by confidential discussion with the parties
- Imbalances in power between the parties are neutralised
- The parties feel safe
- The desire to be ‘listened to’ (often a compelling driver for a claim to go to court) is acknowledged
- The parties work together towards settlement in a conducive environment leading to constructive discussion
- The outcome remains the property of the parties
- In smaller claims there may be a greater need for mediation than in large claims – costs spiral disproportionately, while a claimant becomes embittered and disillusioned as his seemingly simple claim defies resolution.
But traditional mediation where the parties meet face to face has an indirect cost that may make it inappropriate to a many smaller claims. Telephone mediationis a process which delivers many of the compelling benefits of mediation for an affordable commitment of both time and cost. It draws on the experience of a specially selected panel of CEDR Solve mediators with personal injury expertise and special training to deliver mediation by phone.
The process can be completed within a few hours from start to finish using conference calling where necessary and without the participants having to travel. Like all mediation the mediator will make sure that it is conducted in a calm and constructive environment, with full confidentiality, and that the settlement process is managed.
The cost of Telephone Mediationis £245 plus VAT per party.
Specialist personal injury mediation - a cost competitive mediation process (either full day or time capped) with accredited and proven mediators drawn from a selected panel of experienced personal injury practitioners who have real understanding of the issues and process.
CEDR’s independence guarantees the impartiality that is so central to overseeing negotiations which may be tough but sensitive (as they often are in personal injury actions). CEDR has a long track record of quality assured mediation services with a success rate approaching 80 per cent.
Mediationis both configurable and flexible. We offer 4 hour or full day mediations. A mediator is appointed by CEDR Solve from a panel of personal injury mediators with extensive sector and mediation experience and a proven track record.
Costs are (per party):
- Half day mediation (4 hours) – £400 plus VAT (includes preliminary work, reading and preparation time of an additional 2 hours)
- Full day mediation – £950 plus VAT (includes preliminary work, reading and preparation time of an additional 4 hours)
Claimant in a CEDR Solve Personal Injury mediation:
“I feel the mediation played a huge part in resolving it in the end ...[the mediator] and the process played a massive part in allowing me to get on with my life.”
The scheme operates for cases with a value of up to £100,000. CEDR Solve has a range of other schemes suitable for cases valued in excess of this amount.
For further information call us on +44 (0) 20 7536 6060 or email us.