"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
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Date
2025
Authors
Tumelty, Mary-Elizabeth
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Publisher
Sweet & Maxwell
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Abstract
In line with international developments, both the judiciary and the legislature in Ireland have strongly supported the use of mediation in civil matters and have taken steps to encourage litigants to engage in mediation as a means of resolving their dispute(s). In the context of medical negligence claims, mediation has been recognised as particularly suitable given its potential to ameliorate the costs and duration of these cases, as well as its capacity to address the emotional components which are frequently present in these cases where harm and/or loss has occurred. Although mediation has been an option available to disputants in Ireland for some time, the Mediation Act 2017 introduced a formal framework for the integration of mediation in the civil justice system in 2018. However, little is known about the operation of mediation in these disputes in practice. Against this backdrop, this research examines the use of mediation in the resolution of medical negligence disputes, through an exploration of attitudes to the process, drawing on the findings of a qualitative study (interviews with Barristers). Though focused on Ireland, the findings underscore important considerations for policymakers internationally, including the impact of legal culture on dispute resolution processes, and the necessity for a more considered mediation model in medical negligence disputes.
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Keywords
Mediation , Medical negligence claims , Mediation Act 2017
Citation
Tumelty, M.-E. (2025) '‘“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’, Civil Justice Quarterly, 44(3), pp.192-215.
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© 2025, Thomson Reuters and Contributors. This is a pre-copyedited, author-produced version of an article accepted for publication in Civil Justice Quarterly following peer review. [The definitive published version Tumelty, M.-E. (2025) '‘“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’, Civil Justice Quarterly, 44(3), pp.192-215] is available online on Westlaw UK.