A Lesson in Successful Mediation

June 2000

Baldwins was recently successful in settling a difficult claim against an insurer that other lawyers had previously advised the client not to pursue.

Court rules in all jurisdictions now compel parties to conduct a mediation of their dispute. The mediation invariably takes place very early in the litigation process. This means that shortly after issuing proceedings and usually on receipt of a Defence, both parties can consider mediation as a means of avoiding the expensive trial preparation costs. Statistics now show that over sixty-five per cent of mediations result in a settlement. In some circumstances mediation can take place even before proceedings are actually issued. The reason mediation works is that it challenges both sides to achieve a settlement or face the more expensive option of a full trial. It can especially suit the plaintiff with a difficult claim.

For further information, contact Sam Recht at BALDWINS, Australian Lawyers & Consultants.


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