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04 February 2010 / Deborah David
Issue: 7403 / Categories: Features , Mediation
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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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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