MEDICO LEGAL M A G A Z I N E
MEDIATION WITHIN THE NHS IN SCOTLAND By Linda Paterson, The Mediation Partnership
The use of mediation within the NHS in Scotland is proving to be a slow burn. The Patients Rights (Scotland) Act 2011 sets out the requirement on NHS Boards to consider and make provision for alternative dispute resolution, such as mediation, to resolve complaints. However, there is still minimal use of this option. A review of a six-month mediation pilot involving five NHS Boards in conjunction with the Scottish Mediation Network (the umbrella organisation responsible for quality standards and promoting mediation in Scotland) concluded that learning from the pilot was limited due to the very few referrals made during the period.
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So why this lack of uptake? Anyone with experience of either working for, or using the services of, the NHS would probably agree that this is not due to a lack of disputes. Given the high stress of the kind of situations which are commonplace in healthcare environments – such as demanding patients and time pressures for employees, and pain, fear and overstretched staff for patients, the opportunities for conflict are rife. Mediation has an impressive track record in resolving conflicts in many areas, such as family breakdowns, neighbour and community conflicts, workplace and
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