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Mediating Clinical Claims

Mediating Clinical Claims

by Tony Allen

NOOK Book(eBook)

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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.

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Product Details

ISBN-13: 9781526506412
Publisher: Bloomsbury Publishing
Publication date: 04/26/2018
Series: Criminal Practice Series
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 224
File size: 845 KB

About the Author

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.
Tony Allen is a former long-standing Director of CEDR and a CEDR Solve mediator. He became a CEDR accredited mediator in 1996 and joined the CEDR Training Faculty a year later, initially dealing with training lawyers in representing clients at mediation and is now a lead member on CEDR's Mediator Skills Training Course.

Tony has mediated a wide range of disputes involving personal injury and clinical negligence, public law, banking, construction, housing, partnership and professional indemnity, as well as general commercial claims. His work includes timelimited mediations through the Central London County Court scheme, and he has been involved in a number of major multiparty mediations including the Kenyan tribespeoples' claims against the Ministry of Defence and the Alder Hey retained organs mediations.

Table of Contents

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
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

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