Professional Indemnity insurers were among the earliest adopters of mediation in the 1990s. At a time when many claimant solicitors and their clients had never encountered mediation, insurers such as the Solicitors Indemnity Fund and ITT London & Edinburgh Insurance (later Norwich Union and now part of Aviva) actively promoted mediation as a constructive way to resolve claims.
Encouraged by this movement, our founder Mark Jackson-Stops, played a leading role in educating both claimant and defendant solicitors about the benefits mediation can deliver for their clients. That early involvement continues to shape our approach today.
Professional negligence claims frequently arise from the relationship between private individuals and their professional advisers. Common examples include claims involving:
Solicitors and barristers
Surveyors and valuers
Architects, engineers, quantity surveyors and project managers
Insurance brokers
Accountants and financial advisers
These cases often require multiple experts and extensive evidence on liability, causation and quantum. The result is a process that can be lengthy, complex and expensive.
For many claimants, particularly private individuals, litigation can feel remote and intimidating. Even where a claim is strong, the escalating costs and procedural complexity can become a major source of anxiety.
Mediation brings claimants closer to the process and gives them a meaningful voice. It allows them, if they wish, to explain directly to the defendants and insurers how the alleged negligence has affected their lives and businesses.
This human element is often powerful. It is not only therapeutic for claimants, but also assists defendants in assessing the real-world impact of the claim and the risks of proceeding to trial. Mediation therefore supports more informed and realistic settlement discussions.
For defendants and insurers, mediation provides a rare opportunity to hear directly from the claimant and to engage in focused, commercial dialogue.
Where liability is admitted but causation or quantum is disputed, mediation can create space for constructive conversations, including acknowledgements of failure or apologies where appropriate. These steps can be pivotal in unlocking settlement.
Mediation is particularly well suited to disputes involving multiple parties, such as construction and infrastructure projects where employers, contractors and professional teams may all be implicated.
By bringing all stakeholders into a single forum, mediation enables coordinated negotiations and the possibility of agreeing contribution arrangements between defendants as part of a global settlement.
Explore individual mediators below or contact us to discuss the best mediator for your dispute.
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