Pre-litigation mediation covers practical steps taken before any court claim is issued. A solicitor guiding this work drafts and exchanges pre‑action correspondence, compiles key documents, and outlines the dispute in a concise summary to the other side. They assess merits, risks, and costs, advise on the likelihood of success, and organise a mediation or early neutral evaluation if appropriate. The solicitor coordinates with the client and counterpart, ensuring compliance with the Civil Procedure Rules pre‑action framework.
What a solicitor handles in these matters
This area involves following the pre‑action protocol framework, assembling and exchanging information, and arranging or advising on mediation to resolve disputes without court proceedings. It requires understanding CPR practice directions, assessing potential costs and outcomes, and preparing the client for possible litigation if mediation fails. The solicitor's role includes managing timelines, safeguarding confidential information, and advising on the strategic implications of early settlement or escalation.
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