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Mediating religious disputes about children's medical treatment: a qualitative study
1University of Oxford, Oxford, UK jaime.lindsey@law.ox.ac.uk.
Background:
Mediation is a process which allows conflicting parties to come together with the support of a mediator to try and find an agreed way forward. Mediation has been increasingly used in paediatric medical treatment disputes, but there is little empirical data exploring participant experiences of mediation and/or the role of religion in resolving these disputes.
Method:
This qualitative study aimed to improve understanding of the role of mediation in resolving paediatric medical treatment disputes, in light of high-profile conflict about children's medical treatment reaching the courts in England and Wales in recent years. Analysis of 17 semi-structured interviews with healthcare professionals, mediators and a family member of a patient was carried out and analysed thematically. The role of religion was an inductive theme identified in data analysis.
Results:
The analysis found that religion was a relevant factor for the majority of participants. Three themes in relation to the role of religion are identified: religious beliefs as a factor in the cause of conflict and entrenched views, religious beliefs and compromise in mediation, the role of religious support for family members in mediation. The findings show that there was no evidence to suggest that when religious disputes were mediated, it led to agreements undermining the child's best interests, that the presence of religious views among family members did not mean that the dispute could not be mediated and that there may be benefit in having religious supporters present at mediation. Instead, the research showed that openness to mediation and openness to resolution was key.
Conclusions:
That mediation can be used in paediatric best interests disputes with a religious dimension and that mediators should develop further ways of delineating which cases could be effectively mediated. Finally, the article sets out some suggestions for areas of further research.
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