It is crucial that patients have a lawyer present during the mediation process to ensure they are not under compensated. Not all clinical negligence cases are suitable for mediation.
At the start of this month, the NHS Litigation Authority launched its new mediation service for resolving disputes. The authority said the launch follows a ‘successful’ pilot of the scheme since July 2014, in suitable cases involving fatality or elderly care. These tend to be at the lower end of the financial spectrum. The NHSLA has appointed a panel of reputable, independent mediators to carry out the service. Announcing the scheme’s launch, chief executive Helen Vernon noted that: ‘Mediation is an excellent forum for dispute resolution and provides injured patients and their families with an opportunity for face-to-face explanations and apologies when things go wrong, and reducing the need for unnecessary litigation’. But is itpresent.