Mediation of Medical Treatment Disputes v1
Research type
Research Study
Full title
Mediation of Medical Treatment Disputes: A Therapeutic Justice Model
IRAS ID
315541
Contact name
Jaime Lindsey
Contact email
Sponsor organisation
University of Reading
Duration of Study in the UK
2 years, 5 months, 27 days
Research summary
The core aim of this research is to understand whether and, if so, the extent to which, mediation can and should be viewed as a form of Therapeutic Justice in medical treatment disputes. The research will develop a model of Therapeutic Justice which will be tested and refined through the collection and analysis of original empirical data. Mediation, which is a form of alternative dispute resolution, is generally more informal and flexible than court proceedings, but often takes place alongside or in parallel with court cases. When discussing 'medical treatment disputes' I mean disagreements that arise between patients, health professionals, family members and others regarding the provision of health and care to the patient herself. Usually the patient will be an adult with impaired mental capacity or be a child below the age of 16, such that they are legally incapable of making their own decision about medical treatment, hence the involvement of healthcare professionals, family members and the courts. The research will consider whether there are any therapeutic, or healing, benefits of using non-court based methods of resolution, such as mediation, to resolve disputes that arise from healthcare contexts, as well as considering the ways in which mediation could become more therapeutic. For example, through improved communication between parties, improved voice or participation in the process of dispute resolution and speed of resolution. The project will involve the collection of original empirical data using qualitative and quantitative methods, including observations of mediations, interviews with mediation participants and a questionnaire of participants. Observed mediations will take place online or at locations as decided between the patient, family members and healthcare professionals. The research is funded through an ESRC New Investigator Grant and will last 30 months.
REC name
Yorkshire & The Humber - South Yorkshire Research Ethics Committee
REC reference
22/YH/0262
Date of REC Opinion
19 Jan 2023
REC opinion
Further Information Favourable Opinion