Direct Access Barrister
Disputes & Advocacy
Client guide · please read and keep
Settlement & mediation, explainedResolving a dispute without the cost of a fight — and when settling is the strong move, not the weak one
Most disputes settle before trial. The question is rarely whether to settle but when, and on what terms. This note explains the main routes to resolving a dispute short of a final hearing, what each involves, and how a senior barrister’s candid view helps you settle at the right number. It is general information, not advice on your dispute.
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The routes to resolutionNegotiationDirect discussion, often through “without prejudice” correspondence that cannot be shown to the court. The cheapest route, and the right first move in most cases. A well-pitched offer can end a dispute in a single letter. MediationA neutral mediator helps both sides reach their own agreement in a single day. The mediator does not decide who is right; they broker a deal. Most mediations settle, and what is said is confidential. Courts now expect parties to try it. Early neutral evaluation (ENE)A senior, independent barrister gives a candid, non-binding view of where the dispute would land at trial. It is not a decision, but a reality check that often unlocks a settlement — once both sides hear a frank assessment, the gap closes.
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Why settle — and why the figure mattersSettling well means trading the uncertainty, cost, delay and stress of a trial for a known outcome you can live with. The skill is in the number. Settle too low and you give away a strong case; hold out too high and you pay for a fight you could have avoided. That is where a candid view of the merits earns its place: it tells you what your case is actually worth, so you negotiate from knowledge rather than hope. A point on costs. Refusing to engage in mediation or a reasonable settlement attempt can count against you on costs, even if you win — the court can penalise an unreasonable refusal to negotiate. Trying to settle is not a sign of weakness; declining to try can be a costly mistake.
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Making a settlement stickA settlement is only as good as the document that records it. Terms agreed at the end of a long day must be written up clearly, cover everything (including who pays costs and how and when money changes hands), and be signed before everyone leaves. Where proceedings are on foot, the agreement is usually recorded in a consent order so the court can enforce it. Getting the wording right is the difference between an end to the dispute and the start of a new one. In short
This note is general information about resolving disputes and does not constitute advice on your dispute. The scope and fee of any instruction are agreed in writing before work begins. |