The Expansion of IRB Mediation for Attritional Claims

When the Personal Injuries Assessment Board (PIAB) became the Injuries Resolution Board (IRB) in December 2023, it initiated a new phase in the management of personal injury claims. Following recent legislative reforms, the Board now offers mediation as an alternative pathway for resolving certain types of claims. This marks an important evolution in the way compensation disputes are handled, particularly for routine or lower-value cases.

For many claimants and insurers, mediation represents an opportunity to reach agreement more quickly and with fewer procedural hurdles. It allows both sides to discuss issues of liability and compensation in a structured but less adversarial setting. By focusing on dialogue rather than dispute, the process aims to achieve fair outcomes without the delays and costs often associated with court proceedings.

This shift is especially relevant for what are known as “attritional claims”, which tend to involve more common or less complex injuries such as slips, trips, or minor workplace accidents. These cases account for a large proportion of personal injury claims and can benefit significantly from a more efficient resolution process.

Background of the IRB

The IRB was originally established to provide an independent assessment service for personal injury claims without the need for court involvement. For many years, its role was focused on assessing compensation once liability had been accepted by the parties involved. This meant that where responsibility for an accident was in dispute, the case still had to proceed to litigation.

In 2022, the Personal Injuries Resolution Board Act introduced a series of important changes designed to modernise and expand the Board’s remit. Chief among these was the introduction of a new mediation service, giving parties the option to resolve claims through a facilitated negotiation process. The change was accompanied by a rebranding of the organisation from the Personal Injuries Assessment Board to the Injuries Resolution Board, reflecting its broader focus on resolution rather than simply assessment.

The rollout of mediation has been phased. It began with employer’s liability cases at the end of 2023, extended to public liability claims in mid-2024, and most recently included motor liability claims. Each stage of implementation has been designed to test the process, build experience, and encourage greater use of mediation in suitable cases.

These reforms form part of a wider effort to make the personal injury system more efficient, transparent and cost-effective. By providing an alternative to litigation, the IRB aims to reduce delays, lower costs, and promote a more balanced environment for both claimants and respondents.

What are attritional claims?

The term “attritional claims” is often used within the insurance and personal injury sectors to describe routine or lower-value cases that occur frequently but are not individually severe. These claims tend to arise from everyday incidents where liability is relatively straightforward, and the injuries involved are less complex.

Examples include:

• Slips, trips, or falls in public places
• Minor workplace accidents such as strains, sprains, or equipment-related injuries
• Low-impact road traffic collisions resulting in soft tissue injuries
• Incidents in shops, restaurants, or other premises where public liability applies

While each case is unique, these types of claims share common characteristics. They often involve modest levels of compensation, limited medical evidence, and similar patterns of liability. Because they occur in high volumes across the system, they can place considerable pressure on both insurers and the courts when managed through traditional litigation routes.

Mediation offers a practical solution for these claims. It provides an opportunity to resolve matters efficiently, without unnecessary delay or expense, while still ensuring that claimants receive fair compensation for their injuries.

Why is the role of mediation being expanded?

The move towards wider use of mediation reflects a broader effort to make the personal injury process faster, fairer, and more cost-effective. By providing a structured forum for discussion, mediation helps claimants and respondents reach agreement without the need for lengthy litigation.

Below are the key reasons behind the expansion:

1. Reducing Legal Costs

Traditional litigation can be expensive, particularly in lower-value claims where legal fees may outweigh the compensation involved. Mediation allows disputes to be settled earlier, often leading to significant savings for both sides. Recent figures suggest that the Board’s process has already prevented millions in potential legal costs.

2. Faster Resolutions

Mediation aims to conclude within a few months rather than the years that court proceedings can take. This gives claimants quicker access to compensation and helps insurers close claims more efficiently, improving certainty for all parties.

3. Flexibility in Addressing Disputes

Unlike the Board’s original assessment process, mediation can deal with a wider range of issues. It allows the parties to discuss liability, contributory negligence, and the appropriate level of compensation within one process. This flexibility makes it particularly suitable for claims that might otherwise fall outside the Board’s standard remit.

4. Encouraging Cooperation

The mediation setting promotes dialogue rather than confrontation. It allows both sides to explore outcomes that meet their interests, rather than relying on a court to impose a decision. The process is confidential, less formal, and can help preserve relationships between claimants, employers, and insurers.

5. Supporting a More Efficient System

By resolving a greater proportion of claims through mediation, pressure on the courts is reduced, and resources can be focused on more complex disputes. This contributes to a more balanced and sustainable personal injury system overall.

Challenges and critiques

The expansion of mediation is a welcome development, but it brings some practical and procedural challenges that require careful management:

• Voluntary participation – Mediation relies on both parties agreeing to take part. If either side opts out, the claim must continue through the traditional route.
• Power imbalances – Claimants without legal advice may feel pressure to settle on unfavourable terms when dealing with insurers or experienced legal representatives.
• Mediator quality and capacity – As more claims enter mediation, maintaining high standards of neutrality, training, and consistency will be essential.
• Risk of delay – If mediation is attempted but fails, it may add an extra step to the process, potentially prolonging resolution.
• Fairness and oversight – Because mediation outcomes are confidential, clear safeguards are needed to ensure transparency and public confidence in the system.

Cultural change in personal injury law

The growing use of mediation represents more than just a procedural reform. It signals a wider cultural shift in how personal injury disputes are approached and resolved. The traditional reliance on litigation is gradually giving way to a model that prioritises early engagement, open communication, and managed resolution.

This approach aligns with trends seen in other common law jurisdictions, such as the UK and Australia, where mediation has become a routine stage in the personal injury process. The aim is not to remove access to the courts, but to ensure that formal litigation is reserved for cases that genuinely require it.

Over time, mediation could become the default first step in many personal injury claims. If implemented effectively, this shift has the potential to reduce conflict, promote fairness, and deliver more consistent outcomes across the system.

Require advice regarding a claim?

While mediation can offer a faster and more efficient way to resolve many personal injury claims, some cases will always require legal expertise. Complex or high-value matters often involve detailed evidence, multiple parties, or disputed liability that must be addressed through the courts.

If mediation does not lead to agreement, or if you need assistance with a more complex claim, the personal injury team at McCarthy + Co Solicitors LLP can help. We provide clear, practical advice and strong representation to ensure your rights are protected and you achieve the best possible outcome. Arrange a free initial consultation with us by completing our quick and confidential online form.