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It's not clear why people seem to be suggesting mediation is useful in PI cases.

Why would you mediate? You know the claim is with X because you are a trained professional. The Defendant doesn't want to pay that. You make a part 36 offer which puts them at risk. You go to court, win, and take them for indemnity costs.

If the Defendant genuinely has an argument they can put it to you with their own offer and you would presumably advise your client with litigation risk in mind.

Why would you pay someone to sit in a room with you and convince your client their claim is worth less than X? Just pick up the phone and speak to the other side...


Have we all forgotten how to do our jobs or something?