Mitchell, Breda
(2021)
Look who’s (not) talking: The use of mediation
in medical negligence claims in Ireland.
Journal of Mediation & Applied Conflict Analysis, 7 (1).
ISSN 2009-7170
Abstract
This paper looks at why mediation is not more widely used in medical negligence
claims in Ireland. It is based on research, undertaken in connection with an MA in
Mediation and Conflict Intervention at Maynooth University, during which eight
solicitors working in the field of medical negligence shared their experience and
perspectives on the use of mediation in this area. The research finds that
mediation is in use but only as part of the convoluted litigation system and the
style used is focused on the legal interests of the parties rather than any emotional
needs. The Irish State has introduced some measures to facilitate the use of
mediation but there is no coherent strategy and low public awareness. Legislative
changes to streamline the litigation system are on the way, but if the parties’
needs and interests are to be served, a more facilitative, people-centred
mediation style should be adopted, supported by a coherent, government
sponsored, restorative justice strategy.
| Item Type: |
Article
|
| Keywords: |
Medical negligence; mediation; restorative justice; JMACA; |
| Academic Unit: |
Faculty of Social Sciences > Research Institutes > Edward M Kennedy Institute |
| Item ID: |
15191 |
| Identification Number: |
https://doi.org/10.33232/jmaca.7.1.15191 |
| Depositing User: |
Kennedy Institute
|
| Date Deposited: |
06 Jan 2022 16:24 |
| Journal or Publication Title: |
Journal of Mediation & Applied Conflict Analysis |
| Publisher: |
Maynooth Academic Publishing |
| Refereed: |
Yes |
| URI: |
|
| Use Licence: |
This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available
here |
Repository Staff Only(login required)
 |
Item control page |
Downloads per month over past year
Origin of downloads
Altmetric
Altmetric