ADR in clinical negligence claims
Produced in partnership with Marcus Weatherby of Pattinson Brewer

The following PI & Clinical Negligence practice note produced in partnership with Marcus Weatherby of Pattinson Brewer provides comprehensive and up to date legal information covering:

  • ADR in clinical negligence claims
  • ADR in the CPR
  • Clinical negligence pre-action protocol
  • Model directions
  • NHS Resolution Mediation
  • What is ADR and how can it be used?
  • Pros and cons of ADR
  • Pros
  • Cons
  • When is ADR appropriate?
  • More...

ADR in clinical negligence claims

Coronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol (2020) (last updated on 8 June 2021) has been created to adapt clinical negligence claims handling and litigation processes during the coronavirus situation. For details, see Practice Note: Coronavirus (COVID-19) implications for PI and clinical negligence—Case management of clinical negligence claims.

ADR in the CPR

The Civil Procedure Rules (CPR) state that litigation should be a last resort and that the parties should consider whether negotiation or some other form of alternative dispute resolution (ADR) might enable them to settle their dispute without commencing proceedings.

Jackson LJ set out his intention in his 2014 costs report that:

‘The aim is that, in general, no case should come to trial without the parties at least having seriously considered some form of ADR to seek to settle their dispute.’

ADR has been encouraged in clinical negligence claims due to the often high costs but relatively low damages.

This has also been the case due to higher court fees and the willingness of the judiciary to embrace ADR as means of resolving disputes in a cost effective and time saving manner. It means that parties who unreasonably refuse a request to mediate a case will face sanctions within traditional litigation.

The CPR has incorporated mediation so far as it is able to do so. There is still a judicial reluctance to impose mandatory

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