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    Look who’s (not) talking: The use of mediation in medical negligence claims in Ireland


    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

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    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:

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