Mediating Clinical Claims

Tony Allen first mediated clinical claims in the UK in the 1990s, and has been consistently rated as a leading mediator in this field by Legal Directories. He has written and trained on this topic in the UK and internationally. He is a Senior Consultant to CEDR, after 30 years of solicitor’s practice followed by 12 years as a CEDR Director, and remains a Lead Member of CEDR’s training faculty. He mediates complex cases for CEDR’s Clinical Negligence Panel.

Foreword
Acknowledgments
Introduction
Chapter 1 Party objectives in clinical claims
Chapter 2 Settlement processes and trials of clinical claims
Chapter 3 The legal and procedural framework for clinical mediations in England and Wales
Chapter 4 Coping with legal and clinical technicalities
Chapter 5 Choices over clinical mediations: whether to mediate, when, where, and with which mediator?
Chapter 6 Preparing for a clinical mediation
Chapter 7 The mediation day
Chapter 8 Mediating clinical claims with multiple parties
Chapter 9 Settlement: what is a ‘successful’ clinical mediation?
Chapter 10 The future for mediation in clinical claims
Postscript
Appendix A CEDR Mediation Agreement
Appendix B CEDR Mediation Model Procedure, 2018 Edition
Appendix C CEDR Code of Conduct for Third Party Neutrals
Appendix D European Code of Conduct for Mediators
Appendix E Typical Tomlin Order in a clinical negligence claim
Appendix F Mediation settlement agreement in the same case (if required)
Appendix G Pre-Action Protocol for the Resolution of Clinical Disputes
Index