Request A Callback

If you would like one of our representatives to give you a call to discuss your situation in complete confidence, please enter your details below and someone will call you as soon as possible.

[[[["field5","not_equal_to","I consent for my data to be used by Mediatelegal to process my enquiry."]],[[]],"and"]]
Your Name
Phone Number

Mediation and the NHSLA

NHSLA Embracing Mediation in 2017

The NHSLA Chief Executive, Helen Vernon, recently featured in APIL’s PI Focus magazine, explaining the new mediation scheme implemented by her organisation.

Helen confirmed that, in 2015/2016, almost £3billion of clinical negligence claims were presented against the NHS in England. Compensation of almost £950.4 million was awarded during this period, with a further £23 million for non-clinical negligence claims against the NHS.

Interestingly Helen confirmed that fewer than 2% of the cases presented against the NHSLA reach a formal court hearing.

In Helen’s own words, “going to court is financially and emotionally costly – and can be very daunting to claimants and their families…. Mediation, on the other hand, is a process where a satisfactory outcome can be rated for all those involved in a single day.”

Helen recognises that mediation allows the parties the opportunity to reach a solution which is not solely financial – such as providing the platform for a formal apology to be made or for an explanation of what went wrong and why. Often in clinical negligence cases this is just as important as the award of any compensation.

It is important to note that choosing to go to mediation will not prevent a party from subsequently issuing court proceedings if the mediation is not successful.


The NHSLA launched a mediation trial scheme on 31 July 2014, with the final mediation in the scheme performed in March 2016. Feedback was positive – 81% of mediations were successful. A review of the statistics reveal that 61% of mediations resolved o the day of the mediation, with a further 20% settling shortly afterwards.

Following the successful pilot scheme the NHSLA launched a formal mediation service on 05 December 20216. Such is their confidence in the benefits of mediation, the NHSLA will pay the full mediation fee where liability is admitted in full or even only partially admitted. Where liability is disputed, the NHSLA will pay 50% of the mediation fee. There is no limit on the maximum number of cases that might be referred to mediation under this scheme.


If nothing else it is heartening to see the NHSLA embrace mediation. It is more encouraging that this approach has been taken after the NHSLA has experienced first hand evidence of the benefits and savings mediation can offer.

For an experienced organisation such as the NHSLA to first trial mediation and then commit to a formal scheme only serves to highlight the benefits of mediation. Don’t forget, in 2015/16 almost £3bn worth of claims were presented to the NHSLA so they are vastly experienced in dealing with litigation.

Everything that is written above can be applied to any other dispute. Mediation offers a way for parties to find a solution quickly and inexpensively. To discuss mediation, or if you have any queries, please feel free to get in touch at

NHSLA Mediation

Posted in Uncategorised

Leave a Reply

Your email address will not be published. Required fields are marked *


Did you know?

Workplace disputes will affect profitability and performance. Use mediation to resolve disputes swiftly.

The longer a dispute continues in the workplace, the more dramatic the effect on those working in or around it.

Conflict between employees can spread throughout the workforce, affecting morale and performance, if untreated.

A 2008 CIPD survey found that 51% of respondents use an external mediator to resolve people problems and conflict.

A 2008 CIPD survey found that 75% of mediations were initiated by HR departments.

If you express your anger you will start an argument; if you explain your anger you will start a discussion.

In 2016 mediation will have saved UK businesses £3 billion in wasted management time & productivity, damaged relationships, & legal fees.

Ignoring ‘mega-cases’ the total value of mediated disputes in the UK each year is £11.5 billion.

Since 1990, the total value of mediated cases in England & Wales is £110 billion.

CEO of regional Charity – “We have had cause to use Mediatelegal recently and I was delighted with their service. the mediator was patient during a very emotional and somewhat difficult situation but handled it beautifully. We saved a significant amount of money and would highly recommend this organisation to anyone wishing to avoid costly legal bills.”

Linda Lavery, The HR Dept: “I cannot recommend them highly enough. They were brought in to resolve a complex dispute which had continued for months with no resolution. The process was managed from start to finish by Mediatelegal and with their expertise and impartiality, the conflict was resolved amicably for all parties in just 1 day. The management time and money that has been saved is incalculable.”

According to the CEDR 2018 audit, 89% of mediations settle successfully on the day or shortly afterwards.

You are entitled to recover certain expenses incurred when attending a SEND mediation session.

An individual might potentially require an Education, Health and Care Plan (EHCP until they reach the age of 25.

| Website designed & hosted by Cyberfrog Design
Mediatelegal is a trading style of Why Mediate Ltd (Company Reg No. 09148466)
Cookies | Terms & Conditions