Putting the Spotlight on ADR to Resolve Professional Negligence, Personal Injury and Clinical Negligence Disputes


The event was hosted by Leeds Beckett University and opened with Mike Willis. Mike is a specialist solicitor assisting professionals with what Mike describes as ‘a problem’. He took the audience through the current legal position regarding negligence and indemnity claims, focusing on the choices for resolution. Having set the background, Mike then handed over to Paul Balen, a specialist personal injury and clinical negligence mediator.


Paul discussed the work he is currently dealing with in personal injury and clinical negligence cases and explained that the NHS has recently made a significant change in dealing with such cases, where a new focus on mediation as a means of dispute resolution is being driven as the first choice. Perhaps the key point Paul wanted to get across was that compensation is not necessarily the primary desire of the claimant in such cases and instead, it was the desire to get the facts out in the open, avoid the same thing happening to someone else and of paramount importance, for the clinical organisation to apologise and admit that it was at fault. The NHS now positively embraces mediation and as its Chief Executive recently stated:


“Mediation is a powerful forum giving the injured person the opportunity and the “voice” to articulate the basis of their case and other related concerns which is not possible at a meeting with just lawyers”


After the talk, the NE Branch hosted a networking event with food and drink for attendees. Detailed notes of presentation can be provided by the NE Branch on request.