Mediation Showcase of Saturday 22 October – Great success and excellent learning opportunity.

On Saturday 22 October 2016 SAMLA and Conflict Dynamics jointly hosted a pioneering seminar, in the form of a Medical Mediation Showcase. The event was presented to a large audience, simultaneously in two cities, with live video streaming between the auditoria of Bowman’s in Sandton and Cape Town. The audience included mediators, lawyers, expert witnesses, state health representatives and state legal representatives, many of whom had no prior exposure to mediation.

11 Experienced practitioners, from the fields of Mediation, Law, Surgery, Orthopaedic Surgery, Neurosurgery, Occupational Therapy and Clinical Psychology, played the roles of MC, co-mediators, aggrieved patient, offended orthopaedic surgeon, hospital manager, legal representatives for both parties and 3 independent experts.

The purpose of the event was to demonstrate a method for mediating a complicated medical malpractice claim. In this example the standard formula of 3 individuals (party A – party B – mediator) was expanded to include co-mediators, a hospital manager with settlement authority, legal representatives for both parties and 3 independent experts. In addition, we regard the event of 22 October 2016 as a learning experience, with useful lessons to be learned from that which was good, as well as from constructive criticism of that which was not, having regard to the very limited time available for the seminar.

For many reasons, SAMLA and Conflict Dynamics consider it to be in the national interest for medico-legal disputes, both in relation to negligence claims and personal injury claims, to seek resolution through mediation. It is recognised that not all cases will reach resolution through mediation, but as mediation will confer major benefits on Plaintiffs, Defendants, the Department of Health and the National Economy, as well as the reputation of Health Care Professionals and Lawyers, as many cases as possible should seek resolution through mediation.

We encourage all involved in the affected fields, as well as their representative organisations, to form partnerships to develop and promote the field of Medical Mediation.