| Medical negligence litigation is completely different to most other tort litigation. Plaintiffs feel deeply and personally aggrieved. Lack of communication with their doctor or hospital is often not only an issue, but can be a driving factor. Severe consequences of such as the death of a spouse, close relative or child or a catastrophic change in family circumstances such as occurs in the case of a severely disabled child give rise to highly emotional litigation. There may even be a desire for revenge.
Doctors find the allegations against them personally insulting, emotionally hurtful, and a challenge to their professional integrity. Such cases often attract media coverage and are damaging to a doctor or hospital’s reputation whatever the result.
Trials are complex and invariably very expensive (sometimes with international experts) to run.
Based on my experience of having participated in many mediations both as a mediator and for a party, in this area, I would address how the above issues manifest themselves during a mediation, how to prepare for such a mediation, how the mediator should deal with the unique issues which arise, and how a party conduct oneself at the mediation itself so as to ensure the best possible outcome for his or her client.
The paper and the presentation would address, in a practical sense based on real life situations, the specific issues which arise. I would endeavour to engage the audience – even engaging in a quasi hypothetical - about how to deal with numerous specific problems which can (and have arisen) in course of mediation in this unique field.
Podcast: Listen to Campbell talk about this session (10 mins) >> |
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Campbell has an addiction to the outdoors and travel, especially the cultures, scenery and peoples of remote Asia from the high mountains of Central Asia and the Himalaya right through to Indonesia.
In his spare time Campbell moonlights as a freelance photographer and travel writer. His published work about the Silk Road, the Himalaya, India, Bhutan and especially Indonesia has appeared in many international cultural, airline and travel magazines and other publications. The complexity of large populations, different cultures, religions and ethnic groups make these countries fascinating destinations.
When not occupied with professional life as a lawyer and mediator, travel, writing and photography, he resides in Sydney with his wife and they have two sons.
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Campbell Bridge SC
Campbell Bridge SC was admitted to the NSW Bar on 25 July 1977 and was appointed Senior Counsel in 1998. His practice involves appellate advocacy, commercial litigation, mediation and arbitration, Royal Commissions and major coronial inquests, and the conduct of common law cases involving particularly product liability cases, and medical negligence cases.
He has served on Bar Association committees over many years with particular emphasis on ADR and mediation. He frequently lectures and give papers on numerous topics associated with his practice to the NSW Bar, various firms of solicitors and at CLE seminars arranged by the NSW Bar, as well as at international conferences, most recently at the Inter- Pacific Bar Association conference in May 2009 in Manila and the Asian Mediation Association Conference in June 2009 in Singapore.
He is an experienced mediator, having acted as both mediator and for parties in many disputes in areas on commercial law, building and construction disputes, public liability, product liability, medical negligence and common law matters. He is an accredited mediator under National Mediator Accreditation System (NMAS) which commenced operation on 1 January 2008.
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