A Focus on Process: Procedures to Address Disputes About End of Life Decisions

(2013) 24 Australasian Dispute Resolution Journal 45

9 Pages Posted: 19 Aug 2014

See all articles by Katherine Curnow

Katherine Curnow

The University of Queensland - T.C. Beirne School of Law; Monash University - Faculty of Law

Lisa Toohey

University of Newcastle Law School, Australia

Abstract

Making decisions on behalf of another person about their end of life care is inherently complex and emotional. When disputes about end of life decision-making do arise, they can cause unsatisfactory patient outcomes, as well as distress and lasting damage to the parties involved. To date, insufficient attention has been paid to the processes by which end of life disputes can be effectively resolved. In this article, the authors advocate for reform based on therapeutic jurisprudence principles, specifically proposing the introduction in New South Wales of formal conciliation as a "middle step" between resolution at the health care provider level and adjudication by the Guardianship Tribunal.

Keywords: End of life disputes; dispute resolution; therapeutic jurisprudence

Suggested Citation

Curnow, Katherine and Toohey, Lisa, A Focus on Process: Procedures to Address Disputes About End of Life Decisions. (2013) 24 Australasian Dispute Resolution Journal 45, Available at SSRN: https://ssrn.com/abstract=2482908

Katherine Curnow (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Lisa Toohey

University of Newcastle Law School, Australia ( email )

1 University Drive
Callaghan, 2308
Australia

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