Personal Injury claims
Mediators for pre-Court procedures (compulsory conferences)
In Queensland, if proceedings are contemplated, strict pre-court procedures1 must be followed by each side. These are designed to achieve timely notification of the claim, its full investigation, and a full disclosure by both sides of all the information relevant to the claim. A respondent must consider the claim and is obliged to make an offer to settle it2.
Eventually as part of this process, and before bringing court proceedings, the parties are obliged to organise and hold a compulsory conference. In many instances the compulsory conference is likely to be more successful if it is held with a mediator. This is because a mediator being an independent third party, can break through negotiation deadlock. The mediator will be trained and skilled in helping the parties to find solutions to settle the dispute. The mediator can be court appointed or chosen by the parties3.
All mediators introduced by this site offer services within that process.
In some cases, it is convenient to start the mediation process at an earlier stage. This might be where both sides would like to see an earlier settlement of the claim without strictly following the formalities of the pre-court procedure. For a claimant, an early settlement is often less stressful and may be therapeutic. For each side, avoiding the formality of pre-court procedures may result in a money saving.
Or in the case of a more serious injury, a mediator can be involved at an early stage to help the parties to agree interim payments, or to agree on early rehabilitation programme. After this, the mediator can stay involved and help the parties to come to a negotiated settlement as the injuries settle.
Mediation has a high success rate, and mediators offer a relaxed process with sufficient time to deal with all issues however complex.
| 1 | If the claim arises out of a workplace accident (whether a statutory or common law claim or both), the Workers' Compensation and Rehabilitation Act 2003 applies. If the claim arises out of the use of a motor vehicle the Motor Accident Insurance Act 1994 applies. Otherwise the Personal Injuries Proceedings Act 2002 applies to most claims (public liability claims and where the claim relies on occupiers liability, product liability or medical negligence). |
| 2 | Even if this is an offer of zero damages. |
| 3 | Section 290 of the Workers' Compensation and Rehabilitation Act 2003, s51B of the Motor Accident Insurance Act, or s38 of the Personal Injuries Proceedings Act 2002 |
| 4 | See Rules 523 and 553 of the Uniform Civil Procedure Rules 1999, and Division 3 of the Rules generally. |
Personal Injury claims
Mediators when ordered by the court (compulsory conferences)
In Queensland, if proceedings are contemplated, strict pre-court procedures must be followed by each side. These are designed to promote settlement of the claim by requiring its timely notification, a full investigation, and full disclosure by both sides of all the information relevant to the claim. If offers are not accepted, before bringing court proceedings, the parties are obliged to organise and hold a compulsory conference which may be with a mediator.
If the claim is not compromised during the pre-court process and proceedings are commenced, then the court is likely to pick an appropriate time to order further negotiations to take place in conference between the parties, quite likely with a mediator1. This might be when the evidence on the question of liability or causation unfolds, or the medical opinion as to prognosis for the injuries becomes firmer. These are times when the lawyers are able to make more accurate assessments of the value of the claim.
All mediators introduced by this site offer services to assist the parties in such conferences to settle the claim, whether in response to a court order or voluntarily.
Mediation has a high success rate, and mediators offer a relaxed process with sufficient time to deal with all issues however complex.
| 1 | See Rules 523 and 553 of the Uniform Civil Procedure Rules 1999, and Division 3 of the Rules generally. |
Personal Injury claims
Heading for trial? Settle your case by mediation now.
If you have a case involving personal injury in the court system and it is heading for trial, then despite earlier efforts to settle you can still go to mediation to try to settle the claim now.
It may well be that it will be easier to settle now than it was before. As parties approach the trial there is more incentive to settle - the final costs of proceeding to trial are still avoidable, and the risks are better understood. By now the prognosis for the injuries is usually clear, or at least quantifiable. And the quality of evidence on the various issues is easier to assess. The medical experts may have given their final opinions. The lawyers will have made their final assessments of the quantum of the claim and of the risks of proceeding.
Mediation has a high success rate, and mediators offer a relaxed process with sufficient time to deal with all issues however complex.
Settlement by mediation is a far better way to resolve the dispute than battling the claim in court. It removes all the uncertainty, and usually provides a happier finality to the process than a court hearing.