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

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

11 Pages Posted: 26 May 2010 Last revised: 14 Sep 2011

Tony Bogdanoski

The University of Sydney Law School

Date Written: 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.

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: https://ssrn.com/abstract=1438472

Tony Bogdanoski (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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