NHS Resolution Mediation Service


NHS Resolution (formerly the NHS Litigation Authority, or ‘NHSLA’) has appointed Costs ADR (CADR) to provide independent and specialist mediation services for the resolution of legal costs disputes.




What is Mediation?

 

“Mediation is a confidential and flexible process that can be used to settle disputes. Mediation is an effective way of resolving disputes without the need to go to court”.

“It involves an independent, neutral third party – a mediator – who helps parties work towards a mutually acceptable agreement of a dispute”.

“Mediation is a voluntary process and will only take place if both parties agree. It is a confidential process where the terms of discussion are not disclosed to any party outside the mediation hearing. If parties are unable to reach agreement, they can still go to court. Details about what went on at the mediation will not be disclosed or used at a court hearing” (Civil Mediation Council).

The parties retain ultimate control of the final settlement decision and its terms, and are entitled to remove themselves from the mediation at any point should they so wish.


Why Should Mediation be Considered?

 

1. The courts have stated that trial is a last resort only to happen when all other avenues to reach settlement have been explored;

2. Speed – mediation is conducted within 28 days of the enquiry being received, the courts are experiencing delays;

3. Mediation is private and confidential;

4. Parties retain control of the process, the timetable and the mediator;

5. Informal process, the earlier you settle, the less the costs and time in the assessment process;

6. Even if mediation is unsuccessful, it may resolve some of the issues (around 75% mediations settle on the day or shortly after);

7.Fixed cost variable on the size of the claim. Court fees can be increased without consultation or notice;

8.Focuses on core issues.

When Should Parties Consider Costs Mediation?

 

Parties (whether paying or receiving) should consider mediation regarding legal costs disputes after the bill, points of dispute and replies have been served.