Full Description
Mediating Clinical Claims is a timely and detailed look at the growing practice of mediating clinical negligence claims in England, written by one of the UK's most experienced mediators of clinical claims. The book is aimed at all those with an interest in understanding why and how mediation is such an effective process in resolving such claims - claimants, healthcare professional and managers, lawyers, judges, policy-makers and mediators.
It reviews research on what claimants and clinicians really want from healthcare complaints and claims. It offers help on how best to prepare for and conduct such mediations, giving numerous anonymised examples based on real mediations.
This new title looks at:
- How mediation of clinical claims has developed
- How mediation differs from other processes
- Practical guidance for all participants
- The legal framework in which such mediation operates
- The law and practice of clinical claims
- Process design and the special problems of multi-party claims
- Future developments.
Mediating Clinical Claims provides mediators, claimants, healthcare professionals and their legal representatives with all the guidance they need to ensure that a successful and fair outcome is achieved for all those involved in such mediations.
This title is included in Bloomsbury Professional's Mediation and International Arbitration online services.
Contents
Foreword
Acknowledgments
Introduction
Chapter 1 Party objectives in clinical claims
Chapter 2 Settlement processes and trials of clinical claims
Chapter 3 The legal and procedural framework for clinical mediations in England and Wales
Chapter 4 Coping with legal and clinical technicalities
Chapter 5 Choices over clinical mediations: whether to mediate, when, where, and with which mediator?
Chapter 6 Preparing for a clinical mediation
Chapter 7 The mediation day
Chapter 8 Mediating clinical claims with multiple parties
Chapter 9 Settlement: what is a 'successful' clinical mediation?
Chapter 10 The future for mediation in clinical claims
Postscript
Appendix A CEDR Mediation Agreement
Appendix B CEDR Mediation Model Procedure, 2018 Edition
Appendix C CEDR Code of Conduct for Third Party Neutrals
Appendix D European Code of Conduct for Mediators
Appendix E Typical Tomlin Order in a clinical negligence claim
Appendix F Mediation settlement agreement in the same case (if required)
Appendix G Pre-Action Protocol for the Resolution of Clinical Disputes
Index
