Joint report pushes mediation in clinical negligence claims

More use of mediation in clinical negligence cases is on the cards after a positive report drawn up for a joint project team consisting of the National Health Service Litigation Authority (NHSLA), Action for Victims of Medical Accidents and the Centre for Effective Dispute Resolution (CEDR).

Prepared by project consultant Henry Brown of City firm Penningtons, the report involved consultation with legal groups such as the Law Society, Association of Personal Injury Lawyers, and the Bar Council.

The report, which has been sent to the Legal Services Commission, said training for mediators and others acting for clinical negligence claimants can now be implemented.

It also considered arrangements for a preliminary process review to help parties assess whether mediation would be suitable for their case.

It is expected that CEDR will offer a course next year, but other providers may also join the market.

NHSLA chief executive Steve Walker said: 'We have been promoting the use of mediation as a means of resolving clinical negligence claims for some time, but have realised that lack of both awareness and specialist training may be barriers to its wider use.'

Jeremy Fleming