Yes. Mediation and arbitration are often effective in personal injury and clinical negligence claims.
An accident or medical error can change everything in an instant. The impact often extends far beyond the injury itself, from loss of earnings and ongoing treatment to the emotional and practical strain on everyday life.
Disputes about responsibility or compensation can add further stress at an already difficult time.
Taking a claim to Court is one option, but it is rarely quick or straightforward. Proceedings can be lengthy, stressful, and unpredictable. Increasingly, people are turning to Alternative Dispute Resolution (ADR) to achieve fair and timely outcomes.
Mediation is frequently encouraged under the Pre-Action Protocols and by the NHS Resolution scheme.
Mediation offers a more private, flexible, and often faster way to reach settlement, helping claimants and defendants agree practical solutions that meet practical needs, in turn making them more sustainable.
In some cases, Early Neutral Evaluation (ENE) can be used to resolve specific medical or technical points. ENE involves an independent expert, often a senior barrister or retired judge, giving a non-binding opinion on the likely outcome. It is particularly useful in complex liability or causation disputes in clinical negligence. ENE can narrow the issues, drive settlement or shape the structure of later negotiations.
Many more serious personal injury and clinical negligence cases involve joint settlement meetings (JSMs). Although not formally classified as ADR, they work as a structured negotiation process where both sides meet with their legal representatives to negotiate aspects of the claim that remain in dispute, which can be about liability and/or the value of the claim.
Regularly instructed by claimants, defendants, insurers, and healthcare providers, Trinity ADR’s barristers have significant experience in dealing with a wide range of personal injury and clinical negligence cases. Our team regularly deals with cases involving complex medical evidence, multiple experts, and substantial damages, including catastrophic injury, birth trauma, and fatal accident claims, as well as dealing with costs and funding challenges.
Some disputes require urgent action, for example, arranging interim payments for care or rehabilitation. Others involve detailed negotiations about liability, causation, future needs or costs. Whatever the situation, we can explore the most suitable ADR solution to achieve a fair outcome without unnecessary delay.
Personal Injury & Clinical Negligence — FAQs
Can ADR be used in injury and medical claims?
What are the benefits over the Court?
It is quicker, less stressful, and keeps matters private. There is also flexibility in settlement terms, for example in clinical negligence cases, where parties may agree to apologies or explanatory meetings with clinicians.
What if urgent payments are needed?
ADR can include discussions about interim funding for care or treatment.
Get in touch with the Trinity ADR team for a confidential, no-obligation discussion about your case, and we’ll explore the most suitable options.
Trinity ADR
Get in touch for a free, no-obligation consultation to explore your options and determine whether ADR is appropriate for resolving your dispute, with the option to meet remotely via video conference.