Professional negligence claims arise when a professional is alleged to have failed to perform their duties to the required standard. Most commonly these claims are made against:
- Surveyors
- Solicitors and barristers
- Accountants
- Insurance brokers
- Investment intermediaries
Litigating these issues can be expensive, and often involve complex issues of fact and law. Even if a breach of duty can be shown, does loss flow from that breach and can it be measured?
These claims can be further complicated by the three competing emotional interests usually on show. The client feels wronged. The professional feels impugned. The insurer doesn’t feel much at all and is most concerned about the money.
Mediation is often an effective way to resolve these disputes, offering a confidential and less adversarial alternative to court proceedings. Through mediation, participants can work towards a mutually acceptable solution. There are options available to the participants in a mediation that a court cannot order. An apology, for example, may be worth more than money for some.