ADR for Personal Injury Lawyers

Introduction

Alternative Dispute Resolution is becoming such a fundamental part of the litigation process that it should really lose its ‘alternative’ label. There is a growing view that the term ‘Appropriate Dispute Resolution’ would now be more accurate, with ADR part of a range of dispute resolution processes which include litigation. ADR works and, since the landmark judgment in Churchill v Merthyr Tydfil County Borough Council, the Courts can now compel the parties to engage in it. Despite this, the options of mediation and early neutral evaluation remain underused by personal injury litigators who often prefer to engage in JSMs.

This webinar will provide invaluable assistance for lawyers who want to understand more about their options for ADR; how best to make it work; and how to avoid falling foul of the Court's powers.

It will cover both the legal and practical issues involved in engaging in successful ADR for personal injury lawyers.

What You Will Learn

This webinar will cover the following:

• The ADR toolkit, including Part 36, JSM, mediation and early neutral evaluation in PI claims
• The benefits and potential drawbacks of each approach in PI litigation including insurer behaviour, surveillance disclosure and quantum-valuation risks
• When to engage in ADR - the ‘sweet spot’ for PI cases
• When not to engage in ADR in PI matters
• The Court’s powers in relation to ADR: encouragement, compulsion and costs consequences including costs risks and judicial pressure to settle high volume RTA/EL/PL cases
• Practical tips for preparing for and getting the most out of your ADR meeting
• What can you do about half-hearted engagement on the part of your opponent(s), particularly when dealing with insurers who delay, lowball or claim lack of settlement authority?
• Settlement practicalities in PI litigation

This pre-recorded webinar will be available to view from Thursday 28th January 2027

Alternatively, you can gain access to this webinar and 2,400+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.