...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

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.
Les mer
ForewordAcknowledgmentsIntroductionChapter 1 Party objectives in clinical claimsChapter 2 Settlement processes and trials of clinical claimsChapter 3 The legal and procedural framework for clinical mediations in England and WalesChapter 4 Coping with legal and clinical technicalitiesChapter 5 Choices over clinical mediations: whether to mediate, when, where, and with which mediator?Chapter 6 Preparing for a clinical mediationChapter 7 The mediation dayChapter 8 Mediating clinical claims with multiple partiesChapter 9 Settlement: what is a ‘successful’ clinical mediation?Chapter 10 The future for mediation in clinical claimsPostscriptAppendix A CEDR Mediation AgreementAppendix B CEDR Mediation Model Procedure, 2018 EditionAppendix C CEDR Code of Conduct for Third Party NeutralsAppendix D European Code of Conduct for MediatorsAppendix E Typical Tomlin Order in a clinical negligence claimAppendix F Mediation settlement agreement in the same case (if required)Appendix G Pre-Action Protocol for the Resolution of Clinical DisputesIndex
Les mer
Mediating Clinical Claims provides mediators, claimants, healthcare professionals and their legal represetatives with the guidance they need to ensure that a successful and fair outcome is achieved for all those ivnvolved in clinial negligence mediations.
Les mer
An objective examination of clinical negligence and personal injury mediation dispeling the ignorance of what mediating clinical and personal injury claims involves

Produktdetaljer

ISBN
9781526506405
Publisert
2018-04-27
Utgiver
Vendor
Bloomsbury Professional
Vekt
484 gr
Høyde
248 mm
Bredde
156 mm
AldersnivĂĽ
P, 06
SprĂĽk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
280

Forfatter

Om bidragsyterne

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.