In a personal injury claim, a Joint Settlement Meeting is one of a number of different ways to endeavour to settle disputes without recourse to trial. This can include mediation, arbitration and negotiation. A JSM typically involves both the claimant and the defendant, meeting with their legal representatives to try to reach an agreement, often shortly before trial. JSMs are a popular and effective form of Alternative Dispute Resolution (ADR), helping to avoid the uncertainty, cost, and stress of court proceedings.
In personal injury cases a party refusing unreasonably to participate in ADR can find themselves punished by the Court through cost sanction particularly if later on it becomes clear that ADR would have been beneficial. In the case of James Churchill -v- Merthyr Tydfil County Borough Council (2023) EWCA Civ 1416 the Court of Appeal held that the Court does have power to pause a case to compel the parties to ADR.
In this article I shall focus on a Joint Settlement Meeting which is a form of ADR being a means of negotiation frequently used to endeavour to settle all or part of the issues in a personal injury claim. It is typically conducted on a without prejudice basis to the litigation to enable the parties to speak more openly about how they see the issues without the fear that their discussions could impact any future court proceedings. In my experience a JSM is very effective in reaching a resolution and clients feel they have control over the process.
In advance of a JSM the parties will set out what issues they wish to discuss. This could be anything, although in personal injury cases they may include all or some of the following:
- liability for the incident,
- causation of the injuries,
- value of the claim,
- costs.
The parties often provide to their opponent documents in advance of the JSM to facilitate discussion, this could be expert reports, witness statements, records, a schedule of loss, a counter schedule, a written position statement or similar.
The form of the Joint Settlement Meeting can either take place in person or by video and, on occasion, a blend of the two with one party attending in person whilst their opponent attends by video. It really is very flexible.
In complex cases it is usual for the parties to meet in person with their respective clients, solicitors and a Barrister. The venue tends to be at either the barrister’s chambers or one of the solicitor’s offices. You have three rooms available which enables each party to have their own to have confidential discussions whilst the third room is for a representative from each party to conduct negotiations.
The Joint Settlement Meeting may take the whole day or less time depending on the progress made. The format is that the Barrister for each party, having advised their client in their own room, will go into the third room to conduct the negotiation with their opponent whilst returning to their client to give advice on any offer received or to be made and take instructions. The Barrister should not make any concessions, or offers, without the express permission of their client thereby ensuring the client retains control over the process.
The Joint Settlement Meeting will end once the parties have either negotiated an outcome that is acceptable to both sides or, in the alternative, recognised that an agreement cannot be reached but the issues may either be clarified or narrowed.
Should the Joint Settlement Meeting prove successful then the parties will prepare a written agreement to confirm the terms of the settlement to avoid any later misunderstanding, and if court proceedings have been issued, this document is filed at the court. In the event the JSM is unsuccessful then the claim continues although it is not uncommon for further offers to be made after the JSM with the case later settling.
On the basis the parties have their own room with a separate room for negotiation conducted by a barrister, it is possible that the respective clients may not meet directly during the day but at the end of a successful JSM sometimes the parties do exchange words which may include an apology.
Having an awareness of Alternative Dispute Resolution is an important tool for a client as it may result in achieving an earlier settlement of a claim without the time, risk and cost of a trial. It is also likely to avoid criticism of the court should ADR not be considered.
How Moore Barlow can help
The Moore Barlow Serious Injury solicitors are highly experienced with using Joint Settlement Meetings and Alternative Dispute Resolution for clients to achieve excellent outcomes. If you have suffered a serious injury then contact one of our specialist solicitors to find out how we can endeavour to use ADR to access for you rehabilitation, secure interim payments and recover compensation to rebuild your life. Contact us on Freephone 0800 157 7611 or email matthew.claxson@moorebarlow.com.
