Category: Claims handling · Reviewed by Taylor Watts, Broker · New Business · Last reviewed 2026-06-11
A joint settlement meeting (JSM) is a face-to-face or virtual meeting between the parties to a dispute (and their lawyers) held without prejudice for the purpose of attempting to settle the case before trial.
The JSM is the most heavily used settlement device in UK commercial and professional negligence litigation. It is less formal than mediation (no neutral facilitator), more structured than informal solicitor-to-solicitor negotiation (typically lasting a full day, with both sides’ principals present), and overwhelmingly the route by which complex claims resolve.
The JSM typically takes place six to nine months before trial, after pleadings, disclosure and witness exchange, but before expert reports have been finalised. The parties have enough information to take a view; the costs of further litigation are still substantial; both sides have an incentive to settle.
The JSM is creature of practice, not of rule. There is no CPR provision specifically requiring or governing it. But the CPR’s overriding objective (CPR 1.1) requires the court to encourage settlement, and the cost consequences of failing to engage in reasonable ADR can be substantial — Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 and subsequent authorities (PGF II SA v OMFS Co [2013] EWCA Civ 1288; Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416) have steadily increased the pressure on parties to use ADR.
The JSM is protected by the without prejudice rule (Rush & Tompkins v GLC [1989] AC 1280). Discussions during the JSM are not admissible in evidence; any settlement reached is binding.
The JSM is also subject to professional duties on the lawyers. Solicitors must act in the best interests of their clients (SRA Principle 7). Counsel must provide advice consistent with the BSB Handbook. The advice given to clients before, during and after the JSM is privileged but is the subject of careful note-taking and confirmation in case the outcome is later disputed.
JSM preparation begins weeks in advance. The defence and claimant teams each take their own client’s instructions, prepare position papers, brief counsel for a written advice on settlement value, and agree the JSM logistics (venue, attendees, duration, format).
The format is typically: opening session with all attendees, where each side states its position briefly; separate “caucus” sessions in which each side meets privately to consider strategy; bilateral negotiation either through the lawyers or, in some cases, principal-to-principal; a final session attempting to close the deal.
A successful JSM ends with heads of terms signed before the parties leave. The heads typically cover the settlement amount, the costs treatment, any non-monetary terms, the timetable for documentation (often a Tomlin order within 14 days), and confidentiality. An unsuccessful JSM ends with the parties’ positions documented and the litigation timetable preserved.
For insurance claims, the JSM is typically attended by:
Authority for settlement is the critical question. The insurer’s representative must have authority to settle within the agreed range; an insurer that arrives without authority undermines the JSM’s purpose. Authority is typically set in advance, with reference to counsel’s settlement advice and the case reserve.
JSM economics drive settlement. The full day of senior lawyer and client time costs many tens of thousands of pounds; the same is true if it fails. Both sides have an incentive to make the meeting productive. JSMs that follow Part 36 exchanges often succeed because both parties have shown their hand and have a defined corridor for negotiation.
“Mini-JSM” — a half-day meeting for smaller or more focused disputes.
“Multi-party JSM” — used in claims with multiple defendants or multiple claimants. The format is more complex; success rates are typically lower than bilateral JSMs.
“Joint coverage and merits JSM” — combining the coverage question (does the policy respond) and the merits question (what is the underlying claim worth) in a single meeting. Used where the policyholder and the insurer are aligned in defence but the coverage issue would otherwise need separate resolution.
“Mediation-style JSM” — using a settlement-experienced silk or senior partner as informal facilitator without the structure of a formal mediation.
“Virtual JSM” — conducted by video. Increasingly common post-2020. Some practitioners feel it reduces success rates; others find it more efficient.
A surveyor’s £1.4m PI claim is set for a six-day trial in October. JSM is scheduled for early March of the trial year, eight months before trial. Preparation includes counsel’s written settlement advice (defence value: £700,000 to £900,000, with the lower end if liability is fought hard at trial and the upper end if the surveyor’s documentation is held back at trial), a position paper from each side, and a Part 36 offer exchange (defence at £650,000, claimant at £1.1m). The JSM is held at the defence solicitor’s offices. Opening session sets out the parties’ positions. Two rounds of negotiation: the parties move from defence £700,000 / claimant £1.0m, to defence £790,000 / claimant £900,000, with a gap of £110,000. A final session with principals present (the surveyor’s managing partner and the insurer’s head of claims) closes the gap at £820,000 plus £210,000 of agreed costs. Heads of terms are signed before the parties leave at 18:30; the Tomlin order is filed within 11 days. Total JSM cost (both sides) approximately £42,000 against a trial budget of approximately £160,000 for each side; net saving substantial.
By Matt Bartlett, Director, on 2026-06-11. Next review: 2026-12-11.
This entry is part of the Apex Insurance Wiki. Last reviewed by Matt Bartlett on 2026-06-11. Apex Insurance Brokers Limited, FCA FRN 724952, Companies House 07014570. Not regulated advice — consult your broker on your specific position.
Apex Insurance Brokers serves UK professional services firms and commercial businesses. Call 0117 325 0027, email hello@apexinsurancebrokers.co.uk, or request a quotation.
Get a quote