James Maxey, head of Dispute Resolution says....

The Sunday Times this week seemed to hit the right note with an article on page 9 of the Business Section headed "Try not to see your customers in court".

For the relatively small claims which make up most of the county court claims issued, the main difficulty lawyers have is delivering a cost effective solution. Factor in the wasted management time and the risk, whatever it may be, of losing, and you quickly see how suing on a modest dispute is often bad news even if you win.

A face to face meeting to try to resolve the dispute consensually is usually the best way forward, says the Times. Quite right. And if that does not work, whether or not litigation follows, consider mediation as a serious option. Yes, it may mean sharing the baby, but if you factor in the savings in risk, costs and time it usually offers a viable outcome.

And if you are a defendant reading this blog, does it mean things have gone soft and you can exploit opportunities to avoid paying? Not really. With the jittery economy we have today, more and more emphasis is being placed credit scoring and so forcing your opponent into suing and ending up with a judgment against you is seriously bad for your financial health. So even if your antics meant you got away without paying your debts on this occasion, was it really worth ruining your personal and business reputations for years to come?

Think about that next time you need to talk to your bank. So either everyone loses, or everyone wins.

I know which I would prefer.

Leaving More Than Your Money

Like millions of other Britons (although not nearly enough!) I regularly donate blood. I'm also on the bone marrow register (bit scary!) and the organ donation register so that in the event of my death my family aren't faced with making a decision about whether I'd want my useable bits and pieces given to someone in need.

But have you ever thought about what happens if you decide you want to donate your whole body to research and not just the organs for transplant purposes? Many people believe that they can simply express that wish in their Will and that their executors will sort it all out.

However, under the Human Tissue Act 2004, which came into force in 2006, anyone who wants to donate their body to medical science must give his or her written consent. Consent cannot be given by anyone else after death - so you cannot give an instruction in your Will (well you can but it may well not be accepted by any medical school or research facility).

A consent form can be obtained from your local medical school and a copy should be kept with your will. You should also tell family, close friends and your GP that you wish to donate your body so that the necessary steps can be taken as soon as possible following your death.

More cheery subjects next time!