Solicitors Act Dispute Case Study

Overview

This case study illustrates how Evaluative Mediation can provide finality when facilitative approaches have not achieved settlement, particularly in solicitor-client disputes under the Solicitors Act.

The Situation

A firm of solicitors and their former client had disagreed over the amount which had been charged for advice in a hostile matrimonial dispute.

Initial attempts to reach a settlement at the facilitative stage had not worked, but both sides wanted finality as an alternative to fighting on at great expense at a court hearing.

The Solution

Both parties agreed to an evaluative mediation, whereby the CADR mediator would provide a written evaluation setting out what he considered to be a fair and reasonable sum to be paid.

Crucially, both sides agreed in advance that they would accept the mediator’s figure, thereby bringing their dispute to an end.

The Process

1. Submissions - Both parties submitted their positions and supporting documentation
2. Analysis - The CADR mediator reviewed all materials and considered the relevant factors
3. Evaluation - A written evaluation was provided with reasoned conclusions
4. Acceptance - Both parties accepted the determination as agreed

Key Benefits

• Finality - Binding resolution without the uncertainty of court proceedings
• Expert Decision - Determination by a costs specialist with relevant experience
• Cost Savings - Avoided the substantial expense of contested court assessment
• Speed - Quicker resolution than the court process
• Control - Parties chose this process voluntarily and agreed to be bound