Organ retention cases proved good example of mediation

AN EXAMPLE of the use of ADR in a medical context took place in England, when over 1,000 parents discovered that the organs of their children, who had died in the Alder Hay hospital in Liverpool, had been retained there without their consent over several decades.

From a legal perspective, each retention of an organ without consent involved an actionable assault.

The claimants were organised as group litigation, which had the potential to take up an enormous amount of court time.

In addition, the emotional elements of the claim were, arguably, not suitable for litigation.

The claimants and defendants agreed to mediation through the Centre for Effective Dispute Resolution (CEDR).

The settlement included financial compensation but it is generally agreed that it was the facilitation by the CEDR of the discussion on non-financial remedies that ensured a successful conclusion.

The families involved produced a "wish list" and this resulted in the provision of a memorial plaque at the hospital, letters of apology, a press conference and a contribution to a charity of the claimants' choice.

This was an example of a dispute suitable for mediation not only because of the non-monetary element in its resolution, but also because it took a case involving over 1,000 litigants, which could have lasted for months at great expense, out of the court system.

This article appears in the print edition of the Irish Times