> ### CIVIL PROCEDURE PRE-ACTION PROTOCOLS

> ### CLINICAL NEGLIGENCE PROTOCOL

> ### ALTERNATIVE APPROACHES TO SETTLING DISPUTES

> 5.1 | It would not be practicable for this protocol to address in any detail how a patient or their adviser, or healthcare provider, might decide which method to adopt to resolve the particular problem. But, the courts increasingly expect parties to try to settle their differences by agreement before issuing proceedings.
> 5.2 | Most disputes are resolved by discussion and negotiation. Parties should bear in mind that carefully planned face to face meetings may be particularly helpful in exploring further treatment for the patient, in reaching understandings about what happened, and on both parties' positions, in narrowing the issues in dispute and, if the timing is right, in helping to settle the whole matter.
> 5.3 | Summarised below are some other alternatives for resolving disputes - the revised NHS Complaints Procedure which was implemented in April 1996, is designed to provide patients with an explanation of what happened and an apology if appropriate. It is not designed to provide compensation for cases of negligence. However, patients might choose to use the procedure if their only, or main, goal is to obtain an explanation, or to obtain more information to help them decide what other action might be appropriate. Mediation may be appropriate in some cases: this is a form of facilitated negotiation assisted by an independent neutral party. It is expected that the new Civil Procedure Rules will give the court the power to stay proceedings for one month for settlement discussions or mediation. other methods of resolving disputes include arbitration, determination by an expert, and early neutral evaluation by a medical or legal expert. The Lord Chancellor's Department has produced a booklet on 'Resolving Disputes Without Going to Court', LCD 1995, which lists a number of organisations that provide alternative dispute resolution services.

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