"No One Gets Closure In the End": Non-adversarial Justice and Practitioner Insights into the Role of Emotion in Medical Negligence Mediation

Popa, M 2018, '"No One Gets Closure In the End": Non-adversarial Justice and Practitioner Insights into the Role of Emotion in Medical Negligence Mediation', Journal of Judicial Administration, vol. 27, no. 4, pp. 148-160.


Document type: Journal Article
Collection: Journal Articles

Title "No One Gets Closure In the End": Non-adversarial Justice and Practitioner Insights into the Role of Emotion in Medical Negligence Mediation
Author(s) Popa, M
Year 2018
Journal name Journal of Judicial Administration
Volume number 27
Issue number 4
Start page 148
End page 160
Total pages 13
Publisher Thomson Reuters
Abstract Non-adversarial approaches to justice that are grounded in therapeutic jurisprudence and restorative justice are based on the notion that expression of emotion is valuable for court users and involve recognition that legal decisions affect the emotional and psychological wellbeing of those court users. In medical negligence, expression of emotion and apologies may be particularly valuable to injured disputants. This article explores emotion and apologies in medical negligence mediation by drawing on interviews with 24 senior tort lawyers. The analysis of the data shows that emotion is an important part of medical negligence mediation, yet the lack of attendance and participation by doctors hinders the ability of parties to address non-legal needs. The participants valued the use of apologies in medical negligence mediation but did not explore the opportunity that mediation may offer parties to obtain emotional closure. The author recommends the introduction of mandatory attendance by doctors at mediation and the use of restorative conferencing as key reforms to address the emotional needs of parties and benefit healthcare more broadly.
Subject Tort Law
Civil Law and Procedure
Keyword(s) Medical negligence
mediation
non-adversarial justice
emotion
alternative dispute resolution
Copyright notice © 2018 Thomson Reuters (Professional) Australia Limited
ISSN 1036-7918
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Created: Thu, 06 Dec 2018, 10:39:00 EST by Catalyst Administrator
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