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.
By:
Tony Allen (CEDR UK)
Imprint: Bloomsbury Professional
Country of Publication: United Kingdom
Dimensions:
Height: 248mm,
Width: 156mm,
Weight: 484g
ISBN: 9781526506405
ISBN 10: 1526506408
Pages: 280
Publication Date: 01 June 2018
Audience:
Professional and scholarly
,
Undergraduate
Format: Paperback
Publisher's Status: Active
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
Tony Allen first mediated clinical claims in the UK in the 1990s, and has been consistently rated as a leading mediator in this field by Legal Directories. He has written and trained on this topic in the UK and internationally. He is a Senior Consultant to CEDR, after 30 years of solicitor’s practice followed by 12 years as a CEDR Director, and remains a Lead Member of CEDR’s training faculty. He mediates complex cases for CEDR’s Clinical Negligence Panel.
Reviews for Mediating Clinical Claims
...any mediator, advocate, policy maker or insurer involved in clinical negligence claims should buy and read this book -- Stephen Walker * SCMA Newsletter, September 2018 * Any text that assists parties to move from the archaic to the enlightened can only be welcomed, and this text will prove a useful addition in the toolbox of the clinical negligence specialist. * MLJI Medico Legal Journal Ireland * Allen leaves no stone unturned in providing readers with a comprehensive ‘toolkit’ for mediating cases in which so often, the stakes couldn’t be higher. * Mediation Theory and Practice *
