NHS Resolution Case Study

Overview

This case study demonstrates the effectiveness of Facilitative Mediation in resolving costs disputes between NHS Trusts and claimants in clinical negligence matters.

The Situation

In this case, the CADR mediator assisted the NHS Trust, which was paying the costs, to facilitate a settlement of the Claimant’s costs of the action he had brought for clinical negligence.

The Process

The mediation followed a structured approach:

1. Joint Session - Initial discussions across the table with both parties
2. Private Sessions - Confidential meetings with each side to explore positions
3. Negotiation - Facilitated dialogue to narrow the gap between the parties

The Outcome

Agreement was reached following discussions across the table and private sessions with each side, leading to an offer by the Trust which was acceptable to the claimant.

This resolution:

• Avoided the time and expense of detailed assessment proceedings
• Provided certainty for both parties
• Maintained a constructive relationship between the parties

Key Benefits

• Time Efficient - Resolved in a single mediation session
• Cost Effective - Avoided prolonged litigation costs
• Flexible - Allowed for creative solutions not available through court assessment
• Confidential - Proceedings remained private between the parties