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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll