Is there any role for health care professionals at the mediation of clinical negligence claims?
It is unusual to see health care professionals present at the mediation of a clinical negligence claim which involves them. Many legal representatives could count on one hand the number of times they have either seen or taken a health care professional to mediation. This is a departure from classical mediation practice, where the parties to the dispute play the primary, if not dominant, role at mediation, including in deciding whether to mediate, making opening statements, identifying issues, developing solutions and deciding whether to resolve the dispute. Although there are a variety of reasons why a health care professional's presence at mediation may not be beneficial, will a health care professional's absence increase the prospects of resolving a dispute? Are there are situations where a health care professional should be present?
Bowen
Timothy
T
DibbsBarker. timothy.bowen@dibbsbarker.com
Saxton
Andrew
A
D006282:Health Personnel / Q000331:legislation & jurisprudence*; D006801:Humans; D008318:Malpractice / Q000331:legislation & jurisprudence*; D017008:Negotiating