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ARTICLE · 21 JUNE 2024

Case Study: The Unpredictability Of Mediation Outcomes

Kuits Solicitors
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A skilled mediator facilitated early mediation in a professional negligence case, leading to a surprising £300,000 settlement, despite initial staunch opposition and insurers' denials, highlighting mediation's strategic negotiation benefits over traditional litigation.

United KingdomLitigation, Mediation & Arbitration
Peter Kaye
Peter Kaye

In this case, the presence of a skilled mediator was crucial but the success hinged on strategic negotiations and persuasion.

The case also highlighted the value of attempting mediation early in the litigation process. It provides a platform for both sides to explore settlement options, which might not be apparent through traditional litigation. The case exemplifies how mediation, facilitated by effective negotiation strategies, can result in favourable outcomes even when initial prospects seem bleak.

Background

After resolving the principal claim, we were tasked with pursuing a professional negligence case against the original solicitors who had represented our client. Our calculations revealed that the client had incurred losses exceeding £500,000 due to the original solicitors' negligence.

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