Mr. John Newham:

It does happen currently. The cases the Senator referred to never get to PIAB because they are resolved beforehand. In effect, the owner mediates with the claimant and they come to a resolution. There should not be a change in that regard. In fact, all of this is just recognising that talking is good. It supports that but I do not believe it will have an impact on what the Senator was referring to.

On supporting smaller companies, outcomes are much more predictable now. If a company enters mediation, it is able to assess what the award might be under the personal injuries guidelines. Assuming it is notionally accepting liability in some way, it does not really need the lawyers. In those circumstances, the cost is radically reduced by comparison with the cost of litigation. The process should assist in that sense.