I write as chair of the Law Society Civil Litigation Committee, and on behalf of litigation solicitors, to correct a very inaccurate slur upon solicitors in the feature headlined ‘Have your say’ (see [2008] Gazette, 16 October, 16).

The author says that ‘the profession has so far remained fairly allergic to the use of ADR [alternative dispute resolution]’. But throughout the article, he confuses and conflates ADR with mediation, whose cheerleaders he quotes extensively.

ADR includes many techniques – including arbitration, early evaluation and plain old-fashioned negotiation. Given that about 95% of issued personal injury claims settle before trial (and huge numbers that are not issued), it can scarcely be said that solicitors are allergic to ADR. Litigation solicitors regard mediation as one of many useful tools in the toolbox – one of the methods of ADR – and use it in suitable cases. Any increase in the use of mediation needs, in my view, only to be modest.

Stephen Mason, Chair, Law Society Civil Litigation Committee