Services » Mediation Services » Professional Negligence and Indemnity

Professional-negligence disputes can involve complex evidence, significant cost and concerns about reputation or continuing relationships. Mediation gives clients, professionals, insurers and advisers a focused opportunity to examine the practical and financial issues.

Types of dispute

• Claims involving solicitors, accountants, architects, engineers or other advisers
• Disagreement about the scope or standard of professional services
• Questions of causation, loss and contribution
• Multi-party claims involving insurers or other professionals
• Disputes where reputation and confidentiality are important considerations

Using the technical material well

A useful mediation normally depends on concise statements of the issues and access to the key contracts, reports, correspondence and expert material. The mediator can help structure the discussion, while the parties and their advisers remain responsible for evaluating legal, technical and insurance matters.

Exploring resolution

Discussions may address compensation, remedial work, future cooperation, contribution between parties, costs or a staged conclusion. The range of options depends on the facts and on the authority of the people attending.

Independent advice

Parties should take their own legal and insurance advice throughout. Any proposed settlement should be documented by the appropriate advisers before it is treated as final.