The legal landscape
Years of underfunding, complexity and decline in the civil justice system
After nearly 20 years of ‘reforms’ to the Court Service and civil litigation, the Ministry of Justice (MoJ) is still failing to provide meaningful pain-relief for litigants and their lawyers. The MoJ acknowledges that “cases are still resolved too late, too expensively, with complex procedures and an adversarial climate imposing costs that sometimes dwarf the value of the contested claim.”
In his recent ‘Review of the Civil Courts’, Lord Justice Briggs stated: “The single, most pervasive and intractable weakness of our civil courts is that they simply do not provide reasonable access to justice for any but the most wealthy … In short, most ordinary people and businesses struggle to benefit from the strengths of our civil justice system. To any rational observer who values access to civil justice, this is a truly shocking state of affairs.”
There are truly shocking delays in listing hearings and trials, and the delays for appeals are even worse. Frequently at the end of trials, Judges express their dismay at ‘Dickensian litigation’, ‘toxic disputes’, parties getting ‘bogged down in attritional warfare’ and ‘the absurd waste of effort, time and money’ when ‘issues were all capable of resolution.’ The reality is that parties can spend years running up legal costs of £500,000 to fight a claim worth as little as £3,500.
A trial is one solution, but parties in dispute should not have to spend years, and a considerable fortune, trying to navigate through a legal labyrinth in order to achieve resolution.
Independent Evaluation (IE) provides a very welcome and much needed alternative. A fast and highly successful form of dispute resolution, it is the obvious way forward for all those involved in a civil dispute or claim.
Independent Evaluation
IE has established itself as the only process that provides a successful and optimal alternative to litigation – and we have the track record to prove it. As well as avoiding the pain and prolonged delays of litigation, IE’s unique blend of Evaluation and Facilitative Mediation means it is much more likely to succeed than any other form of alternative dispute resolution.
IE has successfully resolved civil claims to a total value of well over £100 million. Law firms large and small across the country continue to refer cases to IE, confident in achieving the best possible outcome within a matter of weeks.
Developments during the Covid-19 pandemic
Legal practitioners, just like their clients, have not been immune to the sudden, unexpected and serious challenges of the Covid-19 crisis. Whereas the Courts have stumbled and trials have been postponed, IE has continued to provide disputing parties and their lawyers with efficient and fair dispute resolution. As part of this, IE can provide online evaluations to avoid delay in the event of local lockdowns.
IE’s holistic approach, trusted by claimants and defendants alike to resolve disputes quickly and fairly, provides practitioners with an attractive opportunity to achieve optimal solutions for their clients within weeks instead of years.
What to do next
Private individuals and businesses:
If you are involved in a civil dispute, whether it is a personal injury claim or a commercial contract dispute, and you want the best possible settlement, please contact us to discuss your case. Call Jonathan Bishop on 020 3383 1000 or complete our enquiry form.
Solicitors and other legal practitioners:
If you are a solicitor or other legal practitioner there is no better time than the present to find the optimal resolution for your outstanding cases. With IE, you can assist your clients, reassured in the knowledge you are offering them an opportunity to achieve the best possible settlement by means of a rigorous, impartial and highly effective form of dispute resolution. To discuss how we can help, please call Jonathan Bishop on 020 3383 1000 or complete our enquiry form.
