Claimant lawyers speak out over NHSLA criticism

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  • As a mediation provider, we are often contacted by potential claimants who would like to use mediation or another form of ADR to resolve a dispute against a hospital. Invariably the hospital will not enter into discussions saying they are obliged to pass the matter to the NHSLA as a claim has been intimated. Further requests for ADR have always failed. The claimant is left with the option of either leaving the matter unresolved or going through the cost and distress of pursuing proceedings, becoming more entrenched in their position as the process goes on and on. If the NHSLA is serious about saving money and acting in the best interests of the NHS it should adopt a more creative approach to settling claims and embrace ADR at a pre action stage.

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