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
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: Suggested Citation