What you need to know about NHS Mediation

What is NHS mediation?

It is a voluntary meeting chaired by a neutral person to resolve difficulties between the complainer and the NHS. It is at NHS mediation that financial compensation and apologies can be issued. It’s often deemed as a less stressful and cheaper alternative to a court hearing.

Will I need a lawyer if I attend?

No. You can represent yourself. This is a good idea, if you have investigated your complaint yourself and then requested financial compensation from treating Hospital NHS trust.

Your request for financial compensation will be forwarded on to the local trust solicitors who in turn will forward it on to NHS resolution.

What will it cost?

If you are representing yourself NHS resolution will pay the mediation fees. They will not pay the mediation fees if you are represented by a legal firm.

What happens in NHS mediation meeting?

It kicks off with a neutral person or mediator meeting with each party on their own. While the other party is meeting with the mediator, you will be left by yourself.

When both meetings are finished you will be asked to attend a face-to-face meeting in another room with the NHS. You do not have to agree to meet the NHS team face-to-face. Part of the role of the mediator is to meet with allparties on their own and relay questions and answers betwen the parties.  Although you may need to remind the mediator that this is part of their role.

If you do decide to engage in NHS mediation, then you will need to agree a neutral venue in a location that is convenient to you. Don’t let anybody bully or intimidate you into agreeing to a venue that is more convenient for them.

Once you have agreed to attend media NHS mediation, then a company that specialises in neutral people mediators will approach you. NHS resolution prefer an organisation called the Centre for Effective Dispute Resolution or CEDR.

Warning

The NHS mediation process is big money for the leagl firms, so it is in their financial interests to get it wrong as the case will have to be investigated and resolved again.

Is this the mantra of NHS Resolution? Allegedly!

Another warning

If your idea of nice people includes Fred and Rosemary West, you’re in for a treat. If not, remember, the professionals attending NHS mediation, are not nice people! They don’t care about who is right or who is wrong. They throw acid in the face of Justice and walk away smirking. They don’t care about you. They care about winning.

What should I know about mediation in advance?

Also … I read the authorised account of what to expect when entering NHS mediation in this online document – NHS England’s guide to mediation Click this link. This does not describe the process of mediation at all. I find it ironic that a Center for effective Dispute resolution (CEDR) and NHS resolution are not interested in updating this information.

Expectation versus the reality of the NHS mediation process

img_2737-1 img_2737
Have an equal number of attendees from each side There is no requirement to have an equal number of attendees from each side
 In line with the equalities act, there would be reasonable adjustments to accommodate people with disabilities. the reasonable adjustments portion of the equalities act is ignored.
including multiple  breaks to  breaks are used as a from of psychological manipulation, so they will either be too long to dull your senses or withheld in an attempt to wear you down.
The expectation that the mediator would shuttle between rooms relating information and act as a buffer for any confrontation. The mediator will expect you to and the NHS legal entourage to face each other in the same room.
A neutral mediator who understood the basics of verbal and non-verbal communication and who would adhere to the rules and regulations of the mediation process. The mediator will attempt to further undermine you psychologically by seating you in the furthest corner of the room with the NHS legal team by the door, preventing your escape.
An open and transparent forum where the evidence test that was required in a court of law did not need to be met so I could represent myself.  NHS Mediation IS not a court of law. The mediator shouted not act as a judge. The evidence test is not required. Don’t let the tell you otherwise …
Mediators are meant to trained, independent neutrals who actively assist all sides to work towards a mutually acceptable agreement.

I researched the process carefully via NHS Choices, the CEDR website and various mediation websites.

So what is mediation? Is it

1. A discussion chaired by a neutral person of the pros and cons of a case in order to resolve the deadlock between two parties
2. Or a court hearing not held in a court and not chaired by a judge but where the NHS appointed legal team will need all reports and documents to meet the standards required in a law court are required from you.

The bingo buzzword answer according to Karl Mackie, the founder and president of the Center for Effective Dispute Resolution (CEDR) is …

The real deal of Mediation

In reality it is conducted as a mini court where the mediator acts as a judge and the burden of proving your case is placed on you. So you are expected to present your case using the ‘evidence’ test. Of course, as your body of facts is going to be judged by the biased mediator and the NHS legal team, your body of facts is never going to accepted as evidence … but nice try.

Do not, I respect not, fall into this trap. It is not a court! Your body of facts does not need to be presented in a court based format.

How you will feel following the outcome of any NHS resolution/mediation meeting

Also please bear in mind that the more tests and investigations that the NHS Resolution legal team can stipulate that you do as part of the ‘resolution’, the longer the process will take and the more fees the NHS Resolution legal team can rack up. Don’t agree to anything on the day.

please be patient From the Pen Of is stocking up on ink supplies and will update this page with

how the mediation process works and how to survive the mediation process …

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