"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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dc.contributor.authorTumelty, Mary-Elizabethen
dc.date.accessioned2025-08-25T13:00:49Z
dc.date.available2025-08-25T13:00:49Z
dc.date.issued2025en
dc.description.abstractIn 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.en
dc.description.statusPeer revieweden
dc.description.versionAccepted Versionen
dc.format.mimetypeapplication/pdfen
dc.identifier.citationTumelty, 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.en
dc.identifier.endpage215en
dc.identifier.issn0261-9261en
dc.identifier.issued3en
dc.identifier.journaltitleCivil Justice Quarterlyen
dc.identifier.startpage192en
dc.identifier.urihttps://hdl.handle.net/10468/17802
dc.identifier.volume44en
dc.language.isoenen
dc.publisherSweet & Maxwellen
dc.rights© 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.en
dc.subjectMediationen
dc.subjectMedical negligence claimsen
dc.subjectMediation Act 2017en
dc.subject~Law - Journal Articles~en
dc.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 Irelanden
dc.typeArticle (peer-reviewed)en
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