Solicitor firms
Whether your clients are claimants or defendants in a civil dispute, using Independent Evaluation (IE) is a much better option than proceeding through the courts or mediation. IE is a fast and effective form of dispute resolution which enables settlement in as little as six weeks, instead of the stressful delays, costs and uncertainty of the court process. It also has a much higher success rate than conventional mediation. Many law firms now routinely refer to IE at the outset of civil disputes.
More effective than mediation
The essential difference between IE and mediation is that mediators do not manage expectations or express an opinion as to the likely outcome of the case if it were to go to court. There is also a tendency to use mediation late in proceedings, purely to avoid the costs risk of trial. With IE, an experienced Evaluator with expertise in the relevant area of law examines the dispute and explains the likely court outcome. As a consequence, the parties acquire, often for the first time, a realistic view of what a ‘good’ settlement might comprise. This is what makes resolution so achievable.
- Benefits for law firms representing claimants
- Benefits for law firms representing defendants
Benefits for law firms representing claimants
Larger claimant awards
Claimant clients benefit because of the higher level of damages often awarded and the very short time it takes to achieve resolution and payment of the award; usually 6 to 8 weeks instead of years.
At the very least, claimants will receive as much in damages as they would through the courts. The reason for this is that defendants save a substantial amount of money by avoiding the lengthy and expensive court process. When one of our highly experienced IE Evaluators assesses the damages due, the saving to be made by the defendant is taken into account and a portion is added to the damages. So the claimant will be offered a ‘good’ settlement, whilst the defendant makes a huge cost saving. This win-win formula helps to explain why IE’s success rate is so high. See Claimants.
Not only are court issue fees and delays avoided, but IE is completely free for claimants for personal injury, clinical negligence and all other insurance-based claims. Where insurance does not apply, the higher damages awarded substantially outweigh any costs incurred.
Good for clients means good for business
By achieving better and faster results for your clients, IE will help your firm get ahead. As well as enhancing your reputation, your success with IE will strengthen client relations and make it easier to develop work in other areas of law.
Practical support for law firms
Sometimes smaller law firms feel that IE is only for larger firms. Wrong! IE works very well for small and large firms alike. Whatever the size of your firm, if you are considering using IE for the first time, we understand that using a new service can be daunting, so we provide a dedicated support team point of contact to help explain the process to you and your client.
Avoidance of £10,000 issue proceedings
The immediate benefit of bringing a case to IE for evaluation is that you will avoid the £10,000 court fee to issue proceedings. This alone is enough to make some solicitors give IE serious consideration.
Duty to act in your clients’ best interests
As you know, it is the duty of solicitors acting in their clients’ best interests to consider all means of ADR, including IE, and to put forward actual offers. Practice direction on Pre-action Conduct & Protocols provides that litigation should not be commenced until ADR has been adequately explored. IE can now be ordered by the Court, without consent.
Avoidance of cost penalties
As you will also know, if a firm issues legal proceedings without fully exploring ADR options, there is severe risk of costs penalties being imposed by the court. To avoid this, some firms now come to IE in the first instance.
Greater efficiency and reduction of internal costs
Difficult, complex or entrenched cases can be a drain on resources. With IE, early resolution means fast turnaround, greater efficiency and less pressure on resources.
Benefits for law firms representing defendants
Major costs savings for defendant clients
As indicated, defendant clients will achieve major costs savings as a result of using IE instead of litigating. In an average case, when referred to IE early on, the costs savings amount to £500,000 or more. See Defendants.
Good for clients means good for business
By achieving better and faster results for your clients, IE will help your firm get ahead. As well as enhancing your reputation, your success with IE will strengthen client relations and make it easier to develop work in other areas of law.
Practical support for you and your colleagues
Whatever the size of your firm, if you are considering using IE for the first time, we understand that using a new service can be daunting, so we provide a dedicated support team to help explain the process to you and your client.
New income stream
IE creates a new income stream, as clients require legal representation in the initial stages of the IE process and at the one-day evaluation. Also, given that clients can expect to make considerable costs savings, any associated legal work will have a high perceived value.
Better cashflow
All costs are settled as part of the resolution and fees are paid within a few days of the Evaluation.
Greater efficiency and reduction of internal costs
Difficult, complex or entrenched cases can be a drain on resources. Early resolution means fast turnaround and greater operational efficiency.
What to do next – get in touch
If you would like to talk to us about using IE, please just get in touch. All initial advice is strictly confidential and completely free of charge.
To find out how we can help, or to refer your dispute for Evaluation, please call Jonathan Bishop on 020 3383 1000 or complete our enquiry form.
