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Involving Individuals with Developmental Language Disorder and Their Parents/Carers in Research Priority Setting

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Resolving Scottish paediatric end-of-life conflicts.

Sarah Sivers¹, Margaret Downie¹

¹The Law School, Robert Gordon University, Aberdeen.

The Medico-Legal Journal

|December 13, 2022

Summary

Mediation offers benefits for resolving clinician-parent disputes in paediatric end-of-life cases but requires a legal framework. Current mediation methods are not ideal without this governance structure for optimal dispute resolution.

Keywords:

Dispute resolution legal framework mediation paediatric end-of-life decision-making

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Area of Science:

Medical Law
Bioethics
Family Law

Background:

Disputes between clinicians and parents are common in paediatric end-of-life decision-making.
Existing legal frameworks in England and Wales provide specific tests for these cases.
Scotland currently lacks established legal precedent for such disputes.

Purpose of the Study:

To evaluate mediation as a dispute resolution method in paediatric end-of-life cases.
To analyse the legal landscape in England, Wales, and Scotland concerning these disputes.
To assess the suitability of mediation, considering its advantages, disadvantages, and optimal style.

Main Methods:

Legal analysis of existing case law and statutes in England and Wales.
Comparative review of legal precedent, noting the absence in Scotland.
Evaluation of mediation principles, styles, advantages, and disadvantages in the context of paediatric end-of-life disputes.

Main Results:

Mediation presents potential advantages over traditional litigation for resolving these sensitive disputes.
However, current mediation practices are deemed not fully adequate for paediatric end-of-life cases.
A significant lack of legal precedent exists in Scotland for these specific disputes.

Conclusions:

Mediation offers a more beneficial approach than litigation for clinician-parent disputes in paediatric end-of-life scenarios.
The effectiveness of mediation is contingent upon the establishment of a clear legal and governance framework.
Further development is required to optimize mediation as the ideal dispute resolution method in this complex area.