Medical Dispute Mediation

Disputes escalate, are costly, create stress, sap morale, take on a life of their own and cause untold damage, financial and otherwise, to people and organisations.

Mediation is a proven process which can resolve most disputes quickly.

We are providers of independent, specialist mediators:

Our mediators are all expert professionals, lawyers and doctors, who are also accredited and experienced mediators. Our mediators are effective because in addition to their mediation credentials they are specialists in the subject matter of the disputes that they mediate. We speak your language because we have decades of experience of working in this sector. Our chief role is to provide a mediator who the disputing parties and their advisers will trust and respect because of their previous experience and deep knowledge of the sector.

What is Medical Dispute Mediation?

Mediation defined: a structured, interactive process where an impartial third party, the mediator, assists disputing parties in resolving conflict through the use of specialised communication and negotiation techniques.

Mediation is a highly flexible concept, adaptable to large, complex and simple, small disputes. People and organisation in the NHS encounter myriad types of dispute and Trust Mediation has the expertise to assist in the earlier resolution of many of them. We have access to a range of mediators enabling us to fit the mediator to the problem.

Serious Medical Treatment

This is an area where we believe mediation can make a significant contribution.

Disputes needing resolution by patients, families or systems are not uncommon. As the modern healthcare system becomes more complex, for example with the development of intensive care medicine and new treatment options, so the scope for disputes increases. Patients who would previously have died now survive in a parlous state and decisions about treatments are becoming increasingly difficult. Recent cases, such as Re Y [2018] UKSC 46 or that of Charlie Gard [2017] EWHC 1909 (Fam), have illustrated the importance of trying to achieve consensus about treatment options. The Court remains available when the decision is finely balanced, or consensus cannot be reached, but mediation can often provide a quicker, more humane and less expensive option. The preservation of relationships which are otherwise potentially damaged by lengthy disputes and litigation is a benefit which mediation can usually deliver.

Specialist Mediators

In cases where settlement is not reached on the day the mediator will often be prepared to work with the parties, by telephone, to see if final resolution can be reached soon afterwards. However, 90% of the claims referred to us settle on the day or very shortly afterwards.

Our mediator panel continues to grow but our current panel includes the following specialists:

  • Paul Balen
  • Dr Chris Danbury
  • Brian Dawson
  • Dr Simon Fox QC
  • Andrew Hannam

Other types of dispute:

Board-room issues; HR, staff and workplace disputes; contract, commercial and construction disputes; intellectual property and IT disputes. If we do not have an appropriate specialist on our panel, we are able to source one.

Speed of response – online mediation:

Trust Mediation is a virtual organisation with mediators based all over the country. Our secure, cloud-based IT platform will facilitate an early discussion, by video conference where that helps, about whether we can help in relation to set of circumstances that can be discussed initially on an anonymous, no- commitment basis.