A government commissioned report has highlighted the need for a better understanding of mediation over best interest decisions for children lacking legal capacity.
The Nuffield Council on Bioethics published its review Disagreements in the Care of Critically Ill Children this autumn. The report focused primarily on the causes and impact and disputes. It ultimately listed 16 recommendations for the Secretary of State for Health and Social Care.
Nuffield called for a new government taskforce to ensure delivery of its recommendations. Conclusions on a call for further research on the impact of litigation and non-traditional means of dispute resolution included the role of mediation in such disputes. At this stage, no firm proposals were advanced on incorporating mediation into the dispute resolution framework.
Healthcare practitioners who participated in mediation as part of Nuffield’s call for evidence were ‘broadly positive’ about the process. However, the report also highlights that none of the parents who replied to the survey had engaged, even though some had been keen to participate.
Responding to the report in a blog post for the Civil Mediation Council, Dr Jaime Lindsey, Margaret Doyle and James Browning have argued that the Mediation of Medical Treatment Disputes project will help policymakers and practitioners better understand the role of mediation in these cases.