Tutu Foundation Mediation and the NHS


The Need for Mediation

The NHS spends huge amounts each year on legal costs in pursuing and defending litigation claims. This is in addition to the vast sums paid out in compensation. Whether the claims are external or internal, both forms of dispute are hugely damaging to the NHS.

Protracted litigation depletes the NHS of the three commodities most essential to it: time, money and energy. This in turn has a ripple effect upon all the doctors, staff, managers and administrators, whose productivity at work, harmony at home, and health in general, can be affected by the conflict.

Mediation is plainly the answer to many of these problems: it is a fast, inexpensive, less stressful, and most efficient means of resolving these disputes. It is conducted in private and in confidence, and by allowing both sides to feel truly heard, it is can have a cathartic remedial effect on all concerned. In a Keynote Address at the Civil Mediation Council Annual Conference in May 2015, Lord Neuberger, President of the Supreme Court and former Master of the Rolls, said:

“I think that there must also be a lot to be said in favour of the Department of Health encouraging mediation pretty promptly after any medical procedure goes wrong in a relatively minor way. Very often in such a case, an apology, simply saying sorry, may be all the patient or the patient’s family, want. Without a formal mediation, the doctors will be reluctant even to say sorry because of a fear that it will be construed as an admission of negligence.”

Why the Tutu Foundation Mediation Service?

The service is distinctive because:-

1. The members of the Tutu Foundation Mediation Service (TFMS) are made up of experienced mediators and senior clinical consultants, doctors and medical experts, with a vast breadth of knowledge of the NHS; and

2. All members of TFMS have been trained in the psychological approach to conflict, having been accredited as mediators by Regent’s University London at their School of Psychology and Psychotherapy.

If mediation is the answer, then the Tutu Foundation can provide the solution with great effect. TFMS can offer the parties in dispute the three critical elements they look for in a mediator:

  • someone with particular knowledge and experience of the area of their dispute
  • someone who they can trust and in whom they will have confidence
  • someone with the special skills needed to deal with the high emotional elements of the dispute.

TFMS combines medical proficiency with psychological expertise, and adds to these criteria the trust and confidence that will immediately be engendered by the Tutu name.

Contact us to find out more on our Contact Page.