Are you serious about settling?

Consider this: an architect’s negligence claim brought by a householder following months of disruption resulting from a failed extension project allegedly due to defective design. Neither the architect nor his professional indemnity insurer are present at mediation; the only attendee from their team is the lawyer appointed by the insurer. This happens all too often and seems to be a growing trend. The insurer’s absence may be due to time pressures. The architect’s absence may be the result of a (mistaken) belief that they have no role because their financial stake is limited. Or the absence of both may be a deliberate strategy.

Whatever the reasons, it sends the worst possible message to the claimant: the architect doesn’t care and the insurer has more important things to do.

So, if you are serious about settling at mediation then it’s essential to ensure that the people who the parties can realistically expect to be present are in fact there.