title: Using therapeutic jurisprudence and preventive law to examine disputants' best interests in mediating cases about physicians' practices: a guide for medical regulators.
abstract: Therapeutic jurisprudence (TJ) and preventive law (PL) are used as two theoretical perspectives from which to examine the best interests of parties in mediation because of a dispute about a physician's practice. The focus is mediation provided by and/or for the medical regulator. The paper reviews the literature on TJ and PL, and their relationship to mediation, and demonstrates how medical regulators could benefit by working within a framework reflecting both these perspectives providing it does not involve an egregious matter. A TJ and PL framework would be of particular value in identifying cases for mediation and in evaluating resolutions to mediated disputes.
authors.affiliation: Department of Public Health Sciences, Faculty of Medicine, University of Toronto, Toronto, Ontario, Canada.
authors.forename: Lorraine E
authors.initials: LE
authors.lastname: Ferris
mesh_terms: D006801:Humans; D008318:Malpractice / Q000331:legislation & jurisprudence; D017008:Negotiating / Q000379:methods*; D005791:Patient Care; D010817:Physician-Patient Relations; D010820:Physicians / Q000331:legislation & jurisprudence; D011331:Private Practice / Q000331:legislation & jurisprudence*