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Bristow v The Princess Alexander Hospital NHS Trust – guest article

Bristow v The Princess Alexander Hospital NHS Trust,  & Reid v Buckinghamshire Healthcare NHS Trust, are the cases reviewed by Just Costs Solicitors in an archived guest article.

As ever, if you find it useful please share it using the links above.

mediation update

Bristow v The Princess Alexander Hospital NHS Trust

Over the last 12 months mediation has turned from a suggestion to almost an all out necessity.

The case of Bristow v The Princess Alexander Hospital NHS Trust has shown that if the correct procedure is undertaken by only one party then the entitlement to costs can be increased on the basis of being allowed indemnity costs.

The long and short of this case was that mediation was proposed by the Claimant to narrow any possible issue on the matter. The Defendant out right refused to mediation stating that it was unnecessary. At the assessment the judge stated “In principle the Defendants have not given any reasonable reason why they refused to engage in mediation and I am satisfied that there should be an appropriate sanction”.

The sanction allowed by the court was that the 80% bill (reductions due to inclusions of on recoverable work) should be allowed on an indemnity basis instead of standard basis.

A further case where this has turned out to be costly to the losing party, the case of Reid v Buckinghamshire Healthcare NHS Trust.

This case ordered the Defendant (again not willing to mediate) paid indemnity costs from the date on which they failed to respond to an offer of mediation.

It is a stern lesson that unless you have a very good reason not to mediate then the undertaking of the same could save you costs (as I believe as harsh sanctions would be given by the court if the Claimant rejected mediation). And that to offer mediation to the Defendant on cases could turn out to be beneficial if the Defendant is not forthcoming.

Just Costs Solicitors are no longer trading.

Should you find yourself in need of mediation, let Mediatelegal take care of everything with just one phone call. Get in touch and we’ll happily talk you through every step of the mediation process. Our mediator profiles can be found here, and our fees are set out in each section of this website.

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Did you know?

Workplace disputes will affect profitability and performance. Use mediation to resolve disputes swiftly.

The longer a dispute continues in the workplace, the more dramatic the effect on those working in or around it.

Conflict between employees can spread throughout the workforce, affecting morale and performance, if untreated.

A 2008 CIPD survey found that 51% of respondents use an external mediator to resolve people problems and conflict.

A 2008 CIPD survey found that 75% of mediations were initiated by HR departments.

If you express your anger you will start an argument; if you explain your anger you will start a discussion.

In 2016 mediation will have saved UK businesses £3 billion in wasted management time & productivity, damaged relationships, & legal fees.

Ignoring ‘mega-cases’ the total value of mediated disputes in the UK each year is £11.5 billion.

Since 1990, the total value of mediated cases in England & Wales is £110 billion.

CEO of regional Charity – “We have had cause to use Mediatelegal recently and I was delighted with their service. the mediator was patient during a very emotional and somewhat difficult situation but handled it beautifully. We saved a significant amount of money and would highly recommend this organisation to anyone wishing to avoid costly legal bills.”

Linda Lavery, The HR Dept: “I cannot recommend them highly enough. They were brought in to resolve a complex dispute which had continued for months with no resolution. The process was managed from start to finish by Mediatelegal and with their expertise and impartiality, the conflict was resolved amicably for all parties in just 1 day. The management time and money that has been saved is incalculable.”

According to the CEDR 2018 audit, 89% of mediations settle successfully on the day or shortly afterwards.

You are entitled to recover certain expenses incurred when attending a SEND mediation session.

An individual might potentially require an Education, Health and Care Plan (EHCP until they reach the age of 25.

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