We are all familiar with the dramatised court scene beloved by film makers. A witness is magically produced to turn the course of events and render the likely (and unjust) outcome meaningless. Or a brilliant advocate makes a speech so brilliant, so forceful, that a weeping jury comes to a correct (and quite unforeseen) verdict.
Unfortunately, in real life this is infrequently the case. Indeed, if it were so, then there would be no legal dramas at all. In fact, the vast majority of ‘no win, no fee’ personal injury claims are settled in accordance with a process known as the Alternative Dispute Resolution, which takes place outside of the courtroom.
Alternative Dispute Resolutions can be sectioned into three distinct processes.
Firstly, is what is known as Mediation; an impartial arbiter meets with the claimant and his opponent to discuss the case. The arbiter will attempt to guide both parties to a consensus of events. By so doing, an agreement can be made on which everybody is satisfied.
The second, Conciliation, is a development of Mediation. The arbiter will offer suggestions to both parties and trust commonsense to prevail without the need for any external intervention.
Finally, there is the so-called Mini Trial. Although not held in an actual courtroom, a neutral will take place of a judge and hear both points of view in much the same way as would happen in a real court.
A ‘no win, no fee’ lawyer will advise you if any of these circumstances take place during your case.