Resolving Scottish paediatric end-of-life conflicts

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.