A disabled patient alleged serious physical assault, including severe bruising, by a member of staff whilst in a care institution. All allegations were denied by the carer. Proceedings had been issued and were stayed by order of the court to allow mediation to take place.
CEDR Solve suggested appropriate mediators for this particularly emotional case and the parties agreed on one of the mediators. CEDR Solve arranged early telephone contact between the mediator and the parties' legal representatives.
It became clear from a number of telephone conversations that the parties did not need to rehearse the merits of their case to each other, as this had been done recently before the court in a painful way. The telephone calls together with the co-operative approaches of the parties meant that the mediation did not start with the usual opening presentations from each side.
At the mediation the parties were brought together to sign the mediation agreements, the mediator gave a short introduction to the process, confirming the safe atmosphere of the mediation. The day continued by way of separate private meetings (caucuses).
The caucus sessions were concentrated initially on the wording of a letter of apology, which became quite a sensitive matter. A significant factor in obtaining the former patient's acceptance of the letter was the fact that it was handed over personally by a representative from the institution. This had the effect of bringing the parties together, both literally and psychologically, breaking tensions and enabling a settlement to be reached shortly afterwards.
Monetary compensation was agreed, although the focal issue of the mediation was to satisfy the patient's emotional need to bring closure to the dispute.
26 Apr 2013
May set to be busy month for CEDR
Mediator Skills Training - Fast Track – 5 June 2013
Certificate in Advanced Negotiation - Module 1/3 – 25 July 2013
Mediator Skills Training - International – 19 August 2013
Certificate in Advanced Negotiation - Module 1/3 – 12 September 2013