header-logo header-logo

04 February 2010 / Deborah David
Issue: 7403 / Categories: Features , Mediation
printer mail-detail

Oceans apart?

Deborah David compares & contrasts US & UK mediation styles

There is no limitation on general damages in the US (except in clinical negligence cases), and cases are typically tried by jury. For US defendants, the risks of a jury trial in terms of quantum exceed those in the UK. Still, uncertainty remains whenever the facts are submitted for determination to a third party. For every litigant delighted by the results, there is an opposing litigant who had confidently predicted a different outcome.

In CN cases, the US healthcare system discourages early mediation to a greater degree than does the UK system. Physicians are independent contractors, and the liability policies insuring them contain a clause preventing settlement without their consent. Physicians on whose behalf a payment is made are reported to a data bank where the information is available to the public.  Consequently, doctors frequently withhold consent, making mediation pointless. However, in those cases that do mediate, the settlement rates are in the range of 80%.

In the UK, with its national healthcare, logic suggests

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
Financial protections for domestic abuse victims would be strengthened and cohabiting couples be given inheritance and separation rights, under historic government proposals
Doctors and nurses could be sued for mistakes made by the artificial intelligence (AI) equipment they use to treat patients, researchers have warned
The law sector has been chosen as the testing ground for the government’s AI Growth Labs—speeding up development, testing and regulatory compliance so software can be market-ready more quickly
A range of options beyond burial, cremation and burial at sea could become legally available, under Law Commission recommendations
Artificial intelligence (AI) legal assistants will be deployed to cut delays in the Crown Court, ministers have announced
back-to-top-scroll