In her article about mediation, Kate Durcan writes: ‘One might think there is a conflict between being a lawyer, where the object is to generate fee income, and conducting mediation, where the goal is to seek early resolution and save costs. Not so, say lawyer-mediators.’ (see [2008] Gazette, 18 September, 18).

Frances McCarthy of Pattinson Brewer is quoted in the article as justifying mediation in terms of cashflow and profit. What a shame that Kate Durcan perceives that conflict and that Frances McCarthy justifies mediation in this way.

It is usually in clients’ interests to seek early resolution and save costs, regardless of the generation of fee income. Being a professional means putting clients’ interests ahead of one’s own commercial objectives. A solicitor should not feel the need to justify a decision to recommend mediation by reference to their firm’s own cashflow and profit.

My experience is that securing an agreed settlement through the mediation process results in happy clients. Keeping clients happy is the first rule of legal practice.

Ronnie Fox, Fox, London