In the past decade or so, mediation has been used in the United Kingdom to resolve cases of clinical negligence. In the case of clinical negligence, both parties must consent to mediation. Participation is entirely voluntary and can be stopped at any time. What happens during mediation is private and confidential. The objective is for the parties concerned to reach a satisfactory agreement. If the terms are agreed, they shall be legally binding. However, if mutually acceptable terms cannot be found, the case may be referred for litigation in which a decision is taken by the judge and imposed on both parties.
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