Abstract

http://ssrn.com/abstract=1438472
 


 



Medical Negligence Dispute Resolution: A Role for Facilitative Mediation and Principled Negotiation?


Tony Bogdanoski


University of Sydney - Faculty of Law

2009

Australasian Dispute Resolution Journal, Vol. 20, No. 2, pp. 77-87, 2009

Abstract:     
This article critically examines the potential of using facilitative mediation and principled negotiation to resolve medical negligence disputes. It argues that such methods of dispute resolution are a better means of resolving these complex disputes, in contrast to the conventional use of settlement negotiations, positional bargaining and litigation, since they are inherently capable of addressing the non-financial needs and interests of the parties directly involved in the dispute. However, the article also recognizes there can be problems with using these methods of dispute resolution due to the complex power relations between the parties involved. Nevertheless, it ultimately concludes that the benefits of using facilitative mediation and principled negotiation outweigh their possible limitations in the medical negligence arena.

Number of Pages in PDF File: 11

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Date posted: May 26, 2010 ; Last revised: September 14, 2011

Suggested Citation

Bogdanoski, Tony, Medical Negligence Dispute Resolution: A Role for Facilitative Mediation and Principled Negotiation? (2009). Australasian Dispute Resolution Journal, Vol. 20, No. 2, pp. 77-87, 2009 . Available at SSRN: http://ssrn.com/abstract=1438472

Contact Information

Tony Bogdanoski (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
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