Insurers must espouse mediation.This was the message from Sir Anthony Clarke, Master of the Rolls, at a recent FOIL debate entitled what is stopping Personal Injury Mediation?
Sir Anthony was of the view that mediation has a valuable roll to play in most types of case and the Court can and should play a part in promoting mediation without the need for changes to the Civil Procedure Rules (CPR).
Sir Anthony was also firmly of the view that there needs to be a culture change and that mediation needs to be an intrinsic part of the thought process in dispute resolution. He echoed the view expressed earlier in the debate that only a mad man would not want to settle and said that it was for liability Insurers to lead the way in pressing for early settlements, possibly by instructing solicitors who were not resistant to independent mediation. Sir Anthony was clearly of the view that liability Insurers hold more of the cards when it comes to influencing the necessary culture change and that if liability Insurers were to say this is the way it will be then that is how it will be!
26 January 2009