Medical negligence mediation can be daunting, especially for mediators who are unfamiliar with the principles of delictual law and complexity of the litigation process.

Join us for a professional mediator development session that will look at the challenges these mediations offer and how mediators can deal with these in a structured manner. The session will address the following issues:

• The delictual framework
• Heads of damages and linking these and evidence
• Acts and omissions, distinguishing these and identifying what is in dispute and how this shapes later phases of mediation
• Fault and how disputes of fact shape the fault discussion
• Handling complex Causation
• Harm, damages and linking these to causation
• The Public Healthcare Defence and why it matters in mediation
• Quantification and keeping these conversations manageable and neutral

These technical aspects to medical law and preparation of evidence can be challenging but there are formulae which can be utilised to simplify and structure the manner in which we mediate.

Leigh de Souza-Spagnoletti, Ivor Heyman and Danie Weideman have developed these formulae which they utilise to simplify and structure their mediations. Their methodology allows for a structured exploration of the issues in dispute alongside a systemised matrix which allows for sound and thorough exploration, inclusive option generation and solid settlements.

They will share their approach and give mediators additional tools with which to mediate these matters.

This session is limited to members of the CD panel only.