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| Formato: | Recurso digital |
| Lenguaje: | inglés |
| Publicado: |
Zenodo
2025
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| Acceso en línea: | https://doi.org/10.5281/zenodo.15722450 |
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| _version_ | 1866902067971358720 |
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| author | Tumelty, Mary |
| author_facet | Tumelty, Mary |
| contents | <p>In line with international developments, both the judiciary and the legislature in Ireland have <br>strongly supported the use of mediation in civil matters and have taken steps to encourage <br>litigants to engage in mediation as a means of resolving their dispute(s). In the context of <br>medical negligence claims, mediation has been recognised as particularly suitable given its <br>potential to ameliorate the costs and duration of these cases, as well as its capacity to address<br>the emotional components which are frequently present in these cases where harm and/or loss <br>has occurred. Although mediation has been an option available to disputants in Ireland for some <br>time, the Mediation Act 2017 introduced a formal framework for the integration of mediation <br>in the civil justice system in 2018. However, little is known about the operation of mediation <br>in these disputes in practice. Against this backdrop, this research examines the use of mediation <br>in the resolution of medical negligence disputes, through an exploration of attitudes to the <br>process, drawing on the findings of a qualitative study (interviews with Barristers). Though <br>focused on Ireland, the findings underscore important considerations for policymakers <br>internationally, including the impact of legal culture on dispute resolution processes, and the <br>necessity for a more considered mediation model in medical negligence disputes.</p> |
| format | Recurso digital |
| id | zenodo_https___doi_org_10_5281_zenodo_15722450 |
| institution | Zenodo |
| language | eng |
| publishDate | 2025 |
| publisher | Zenodo |
| record_format | zenodo |
| spellingShingle | "What we do is probably a bastardised form of mediation": (mis)understanding the role and potential of mediation in resolving medical negligence disputes in Ireland Tumelty, Mary <p>In line with international developments, both the judiciary and the legislature in Ireland have <br>strongly supported the use of mediation in civil matters and have taken steps to encourage <br>litigants to engage in mediation as a means of resolving their dispute(s). In the context of <br>medical negligence claims, mediation has been recognised as particularly suitable given its <br>potential to ameliorate the costs and duration of these cases, as well as its capacity to address<br>the emotional components which are frequently present in these cases where harm and/or loss <br>has occurred. Although mediation has been an option available to disputants in Ireland for some <br>time, the Mediation Act 2017 introduced a formal framework for the integration of mediation <br>in the civil justice system in 2018. However, little is known about the operation of mediation <br>in these disputes in practice. Against this backdrop, this research examines the use of mediation <br>in the resolution of medical negligence disputes, through an exploration of attitudes to the <br>process, drawing on the findings of a qualitative study (interviews with Barristers). Though <br>focused on Ireland, the findings underscore important considerations for policymakers <br>internationally, including the impact of legal culture on dispute resolution processes, and the <br>necessity for a more considered mediation model in medical negligence disputes.</p> |
| title | "What we do is probably a bastardised form of mediation": (mis)understanding the role and potential of mediation in resolving medical negligence disputes in Ireland |
| url | https://doi.org/10.5281/zenodo.15722450 |