Securing therapeutic justice through mediation
The challenge of medical treatment disputes
Bibliographic Data
| ID | 11652464 |
|---|---|
| Authors | JAIME LINDSEY (0000-0002-6271-483X, University of Reading, corresponding author), Margaret Doyle (0000-0002-1266-853X, University of Reading), Katarzyna Ważyńska-Finck (0000-0003-1768-742X, Polish Academy of Sciences) |
| Year | 2024 |
| Volume | 45 |
| Issue | 1 |
| Pages | 40-57 |
| Publication date | 2024-12-13 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Legal Studies (JOURNAL) |
| Journal identifiers | ISSN: 0261-3875 • E-ISSN: 1748-121X |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/lst.2024.39 |
| OpenAlex | W4405308727 |
| Language | EN |
| References cited | 13 |
This paper explores the use of mediation in medical treatment disputes through the lens of therapeutic justice (TJ), a concept developed in the 1990s to consider the therapeutic and anti-therapeutic effects of justice systems. The paper argues that mediation may be a mechanism for achieving therapeutic effects for people involved in medical treatment disputes. In doing so, the paper highlights the conflict that can often arise between healthcare professionals, family members and patients in medical treatment disputes and the related difficulties with using litigation to resolve this type of conflict. It has been suggested by judges, academics and policy-makers that mediation might be a better way of resolving conflict in these cases. While mediation and TJ have much in common, the paper explores the many tensions between them, considering ways in which mediation might need to be done differently to achieve therapeutic aims. Finally, the paper identifies six TJ features against which mediation can be tested to consider whether it can live up to the claims that it can be used to resolve medical treatment disputes more therapeutically
Alternative dispute resolution · Dispute mechanism · Economic Justice · Epistemology · Health care · Health professionals · Lawyer supported mediation · Mechanism (biology · Mediation · Medical emergency · Medical treatment · Mental health · Party-directed mediation · Political science · Psychotherapist · Public relations · Therapeutic jurisprudence · Therapeutic relationship · Ethics and Legal Issues in Pediatric Healthcare · Ethics in medical practice · Law · Medical Malpractice and Liability Issues · Medicine · Psychology
| Highly cited | No |
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