SQE1 sample questions

Question 62

During a visit to her uncle, a woman is badly bitten by his dog. Her finger is severed in the incident and she requires surgery to reattach her finger. She is advised by her doctor that it will not be possible to gauge whether the surgery has been successful for six months and a further operation may be needed. She will also require physiotherapy.

The woman gives careful thought to claiming compensation from her uncle. She concludes that she will pursue a claim.

The uncle wishes to avoid the costs and delay of court proceedings and would prefer that the claim is resolved now through alternative dispute resolution (ADR). The uncle puts forward a close friend who is suitably qualified to conduct a mediation. The uncle says that his friend has excellent qualifications and that they will not find anyone able to exercise better judgement. The woman is uncomfortable about the proposed appointment and is worried that she will not secure full compensation if she does not issue formal court proceedings. The woman decides that mediation is not appropriate and she would like to instruct a solicitor to issue proceedings.

Which of the following statements best explains why the woman should decline to participate in ADR as proposed by the uncle?

A. The mediator will not be truly independent because he is a friend of the uncle and has been selected by him.

B. The woman will have to be unrepresented in mediation and will not therefore have the benefit of legal expertise in presenting her case.

C. The mediator has the authority to impose a settlement on the woman and she is concerned she will not receive full compensation.

D. The woman will be required to meet her own costs of mediation whereas she can recover all her costs if she is successful in court proceedings.

E. The costs of mediation are likely to be disproportionately high compared to the cost of resolving her claim through the court.