CEDR Solve

Clinical Negligence Mediation Scheme

The Court of Appeal, the NHS Litigation Authority, Action against Medical Accidents, and the Legal Services Commission fully advocate mediation as an appropriate way to try to resolve clinical negligence disputes.

As a resolution process, mediation

• has a high success rate (well over 80 per cent) in achieving settlements
• provides a sensitive forum within which to explore difficult issues
• guarantees claimants and healthcare professionals a voice
• helps to bring matters to an early conclusion
• can deliver many of the non-monetary benefits sought by parties, such as explanations, acknowledgement and reassurance of changed practice.

However, these cases are complex by nature and often involve both legal and medical technicality and high emotion. Time is needed to work through the issues and reach an agreed conclusion in a respectful way, and hence time limited mediations may not always be best for the parties.

To meet the need for accessible and affordable mediation services in clinical negligence cases, CEDR Solve have developed the Clinical Negligence (CN) Mediation Scheme.

How does the Scheme operate?

The scheme is available to all parties in clinical negligence cases where the value of the claim is £150,000 or less, and follows from the successful Personal Injury Mediation Scheme initiative started in 2004.

The CN Scheme operates at a reduced cost compared to commercial cases and as with the PI Scheme, operates with a streamlined administrative framework as follows:

1. Cases will be identified as appropriate for mediation under the Scheme by the parties or their legal representatives. As part of their discussions, the parties will be required to agree the following items before the matter can be referred to CEDR Solve under the CN Scheme:
   • the dates on which both parties are available for mediation (usually only one day is set aside for mediation);
   • the location and venue for the mediation; and
   • whether an eight-hour or a four-hour mediation is required.
     
     
2. The parties will complete and send a Mediation Referral Form to CEDR Solve via the CEDR Solve website, by e-mail or fax, setting out details such as party names, lawyer names, description of the dispute and the information set out in (1) above.
   
   
3. CEDR Solve will then nominate a mediator from the panel of CEDR Accredited Mediators maintained by CEDR Solve. The panel members are individuals with extensive knowledge of clinical negligence disputes and mediation experience within the field. The parties are only entitled to object to the mediator on the basis of a conflict of interest. CEDR Solve will send the parties a letter setting out:
   • the date for mediation (from the available dates nominated by the parties);
   • the name and contact details of the mediator; and
   • instructions of the steps to be taken prior to mediation, including delivery of case documents to the mediator.
4. The mediator will then contact the parties in order to discuss the arrangements for the mediation.

   [N.B. As with any mediator panel approved by CEDR Solve, upon request parties are provided with up to date information relating to recent mediation experience and client feedback for the mediator appointed for their dispute.]

What are the costs?

The Scheme provides for either an eight-hour or four-hour mediation which will have been agreed between the parties prior to referring the matter to CEDR Solve. The costs are as follows:

1. Eight-hour mediation - total fee of £1,450 (£725 per party) plus VAT, which includes:
   
   • CEDR Solve administration
   • four hours mediator preparation
   • eight-hour mediation day
   • mediator expenses.
2. Four-hour mediation - total fee of £950 (£475 per party) plus VAT, which includes:
   • CEDR Solve administration
   • three hours mediator preparation
   • four-hour mediation day
   • mediator expenses.

Please refer to the CEDR Solve Clinical Negligence Mediation Scheme fees document for further details, including terms & conditions and the cancellation policy.

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