Professional Negligence Disputes
Professional negligence disputes are multi-faceted and even the existence of a duty, let-alone breach of it, causation, remoteness and quantification of loss may well be very much in dispute.
The history of the dispute may give rise to feelings of betrayal and mistrust on both sides. The mediation process is well-suited to overcome this so that clarification and negotiation can take place.
However, any professional negligence dispute is likely to arise in its own legal and professional context. At Maitland we not only have expertise in professional negligence generally (including in relation to solicitors, surveyors/valuers, accountants, actuaries, professional trustees and other professionals) but also in the relevant legal contexts, in dealing with relevant experts and understanding the commercial motivations of, and constraints upon, both clients and their former advisors.
We are also very alive to the different considerations necessary when dealing with an insured party and to the commercial considerations and concerns of insurers. This enables our mediators to understand, and where appropriate reality test, the parties’ various contentions and desired commercial outcomes so that settlement can be explored with confidence.