Mediation works

Rosamund Rhodes-Kemp's recent article queried the effectiveness of mediation for clinical negligence cases based on one questionable experience (see [2001] Gazette, 22 February, 14).

She...Rosamund Rhodes-Kemp's recent article queried the effectiveness of mediation for clinical negligence cases based on one questionable experience (see [2001] Gazette, 22 February, 14).

She achieved her objective of provoking a response from those of us with positive experience of the process.Mediation works.

Clinical negligence is one of the most highly charged areas of litigation.

Mediation, in almost all cases, shortens the process and produces effective results.

What else are we aiming for?The stumbling block with mediation is not so much the process but the inflexible attitude of some solicitors who continue to adopt an adversarial approach in inappropriate settings.

The same solicitors have not accepted the fact that mediation requires compromise if both parties are to be satisfied.

However, by taking the mediation route each party saves substantial money, time, and temper.My first-hand experience of mediating more than 30 cases is that 95% of them result in settlement involving compensation and an apology.

Of the clinical negligence cases I have mediated, almost all have required remedies other than money, and all of the claimants have been satisfied with the outcome.And there are benefits to the medical profession.

They too can obtain remedies that would not necessarily be available in the polarised setting of litigation.Cases are settling sooner but still too many are litigated.

There is reluctance on the part of defendants to embrace mediation.

Lawyers need to acquire the appropriate skills and ensure their clients have realistic expectations.Let's not decry a system which is seen to be working well because it hits the occasional blip.Angel Curran, Watson Burton Solicitors, Newcastle upon Tyne