Mediation in Clinical Negligence

Medical Negligence Mediation

If you or someone you care about has been the victim of clinical negligence, mediation may be the right solution for you.

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  • “Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.”

  • “Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.”

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In terms of the law, mediation is a means of resolving disputes. In mediation sessions, discussions between the two opposing parties is facilitated by a third party, also known as a mediator.

The mediator is neutral, is representative of neither of the opposing parties and should not offer legal advice. A skilled mediator displays good communication skills, good speaking and listening skills and aims to keep the parties focused on the issues at hand.

Clinical negligence mediation

Over the past decade or so, mediation has been used in the UK for the resolution of clinical negligence cases. In clinical negligence claims, for mediation to proceed, both parties must consent. Participation is entirely voluntary and may be stopped at any time. What goes on during the mediation is private and confidential. The aim is for the opposing parties to reach a satisfactory agreement. If terms are agreed upon, they are made legally binding. However, if mutually agreeable terms cannot be found, the case may be taken forward for litigation, in which a decision will be made by the judge and imposed on both parties.

The benefits of medical malpractice mediation

For some people, mediation can be preferable to a court case, particularly in terms of speed and cost savings. For many, it is also less stressful. To date, mediation on clinical negligence has been used in a wide variety of cases, and most negligence cases are suitable for mediation to occur.

Statistics show that the rate of successful mediations are over 90% and a small NHS Pilot scheme supports these findings: of the 12 cases mediated during the pilot, 11 were resolved with monetary and non-monetary outcomes. The 12th case ended as a consequence of withdrawal, yet with a ‘valuable non-monetary outcome for the claimant’.2

Mediation is recognised by the courts as a viable means of, ‘alternative dispute resolution’. Its success is reflected in the reduction of court trials and in the rise in the total number of mediations taking place.3

Deciding on mediation in medical negligence cases

There are several reasons why people may be hesitant to use mediation: a mistrust of the process, lawyers perceiving the mediation process as inherently flawed and the fact that wronged parties really want to have their day in court.4 For these reasons, parties should not be forced to mediation. A report in the Law Society Gazette is clear that for now, mediation must remain a voluntary process. For if people are compelled to do something that they are not happy to do, they will not participate, resulting in an ‘expensive nuisance’.5 It is the case therefore, that mediation is not right for everyone.

Finding out if mediation is a suitable option for you

To find out more about mediation in clinical negligence cases and whether it is something that may work in your case, please contact one of the specialist clinical negligence solicitors at Osbornes Law. We will be glad to hear from you and you will be glad that you got in touch.

Our Promise to You

  • We will review your potential claim by advising you on suing the NHS for negligence or other alternative procedure if your case does not relate to NHS care and treatment.
  • We will not charge a fee for our time in reviewing your case.
  • We can assist you with any issues that you may have regarding the complaints procedure or that you encounter in obtaining copies of your medical records.
  • We will advise you of the course of action in respect of your case.

For a further discussion regarding your situation and whether mediation may be the right solution for you, call 020 7485 8811 or fill in our online enquiry form.

Contact our medical negligence lawyers today

Call us to speak with a lawyer 020 7485 8811

For all new enquiries, please submit your details via the contact forms on our website. This will ensure your query reaches the right team and is handled promptly.






    • He also has a niche specialism in claims involving cauda equina syndrome.

      Chambers UK 2026

    • Elline Demetriou is building a strong practice as a clinical negligence solicitor, handling a wide variety of cases including delayed diagnosis, surgical negligence and birth injuries.

      Chambers UK 2026

    • Elline is always a pleasure to work with and always on top of complex cases.

      Chambers UK 2026

    • Elline is a gifted lawyer and possesses a powerful combination of legal and medical skills, being tactically astute and having strong client care skills.

      Chambers UK 2026

    • Elline is a delightful to work with and super reliable; you know she'll do a perfect job.

      Chambers UK 2026

    • She advises on spinal injury claims.

      Chambers UK 2026

    • Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment.

      Chambers UK 2026

    • Jodi is passionate and balances that with the ability to see the right way to run a case from her first involvement.

      Chambers UK 2026

    • Jodi is very knowledgeable, gets outstanding results for her clients, and is always available when assistance is required.

      Chambers UK 2026

    • Jodi is an absolute star.

      Chambers UK 2026

    • Hugh has particular strength handling issues of causation and informed consent.

      Chambers UK 2026

    • Hugh Johnson advises on claims regarding failures to diagnose and manage spinal injuries, as well as failings in psychiatric care.

      Chambers UK 2026

    • He thinks outside the box and is always thinking a step ahead of his opponent.

      Chambers UK 2026

    • Hugh is utterly charming, highly empathetic and a first rate lawyer. He always comes in with good observations.

      Chambers UK 2026

    • Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.

      Chambers UK 2026

    • The team has particular expertise in cases stemming from delays in diagnosis as well as surgical injury and wrongful birth claims.

      Chambers UK 2026

    • Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.

      Chambers UK 2026

    • They are a very tight team. They're very friendly, helpful and obtain excellent results for clients.

      Chambers UK 2026

    • A quality firm of solicitors with excellence at all levels of the team.

      Chambers UK 2026

    • They know the law inside out and proactively work with counsel to drive cases forward. They are a go-to for complex claims.

      Chambers UK 2026

    • Ben Posford, head of catastrophic injury, is well-known for spinal cord and cauda equina claims, including high-profile fatality work.

      Legal 500 2026

    • Josie Robinson brings 20 years of experience to the team, with specialist insight into pelvic mesh claims and maternal death cases.

      Legal 500 2026

    • Elline Demetriou supports the team on catastrophic injury cases and has a growing caseload in maternity and care home negligence.

      Legal 500 2026

    • Elline Demetriou is an up and coming associate. She is thorough and empathetic, with great client care skills.

      Legal 500 2026

    • Nicholas Leahy leads the firm’s inquests work and has developed a specialism in stillbirth and surgical fatality claims.

      Legal 500 2026

    • Nicholas Leahy is a very impressive associate. He is sharp and gets to the crux of the case quickly.

      Legal 500 2026

    • Jodi Newton is a fierce advocate for her clients and a very genuine person. She cares about each case.

      Legal 500 2026

    • Jodi Newton is fantastic. She's detail orientated and a really capable head of birth and paediatric negligence. She's a joy to work with.

      Legal 500 2026

    • Jodi Newton is particularly noted for her work on cerebral palsy and maternal injury claims.

      Legal 500 2026

    • Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.

      Legal 500 2026

    • I am always happy to get instructions from Osbornes. They have excellent quality work, the team knows exactly what they are doing and are a real pleasure to work with. Excellent legal knowledge.

      Legal 500 2026

    • The team has excellent leadership and provide an above and beyond service for their clients.

      Legal 500 2026

    • A close knit team with excellent knowledge and technical acumen across the board.

      Legal 500 2026

    • You get a real sense that they care about clients and each other, working together to get the best results.

      Legal 500 2026

    • The team works very well together as they are genuinely kind and friendly people.

      Legal 500 2026

    • Hugh's technical knowledge is superb.

      Chambers UK 2025

    • He is excellent with very complex cases and their nuances.

      Chambers UK 2025

    • I am very confident with Hugh representing me and always value his expertise and advice. He's always many steps ahead.

      Chambers UK 2025

    • He is a master tactician and so on the ball; not a single thing goes under his radar. He really understands the medical side and is always thinking about how to achieve the best outcome for clients.

      Chambers UK 2025

    • Hugh Johnson is fiendishly intelligent, with a laser sharp focus on the issues that matter.

      Chambers UK 2025

    • Josie Robinson- very experienced, caring and professional. Excellent.

      Legal 500 2025

    • Elline Demetriou is one to watch for the future. She is determined and thoughtful, with a real dedication to her clients.

      Legal 500 2025

    • She is very tough, a real fighter, and drives a hard bargain for her clients. She has good judgment, and a good sense of the strengths and weaknesses of a case.

      Legal 500 2025

    • Jodi Newton is a passionate, hard-working and committed partner. She is excellent with clients, and gives absolutely 100% to all of her cases.

      Legal 500 2025

    • Nicholas Leahy - understands client needs very well, very responsive and proactive.

      Legal 500 2025

    • Jodi is very experienced and knowledgeable

      Chambers 2025

    • It is a pleasure to work with Jodi. She has an excellent understanding of the issues and provides a good service.

      Chambers 2025

    • Osbornes are always professional and diligent in respect of their clients.

      Chambers 2025

    • Osbornes has an excellent depth of experience across the team.

      Chambers 2025

    • Across the board, they are all a pleasure to work with. They always keep a pragmatic head and all have an eye on the best outcome for the client.

      Chambers 2025

    • Jodi Newton - very hands on, gives every case her heart and soul

      Legal 500 2025

    • Jodi Newton is rapidly becoming the go-to partner for cerebral palsy cases. She has the determination to fight for her clients and is involved in some of the biggest cases at the moment.

      Legal 500 2025

    • Nicholas Leahy is a very safe pair of hands and really compassionate with clients. I expect great things from him in future.

      Legal 500 2025

    • Small but very effective and experienced team so every client benefits from the personal touch but also highly skilled litigation know-how. Capability of the team means they can handle all aspects of very complex cases as well as straightforward matters.

      Legal 500 2025

    • Ben Posford typically operates in the team’s spinal cord and cauda equina syndrome litigation.

      Legal 500 2025

    • Jodi Newton holds over 20 years of experience in birth and surgical injury cases, including those pertaining to cerebral palsy, negligent treatment of sepsis, and negligent A&E treatment.

      Legal 500 2025

    • The team frequently represents claimants in complex cognitive and spinal injury disputes, involving hypertensions, spinal fractures, as well as inadequate treatment of heart and blood diseases.

      Legal 500 2025

    • The team handles a host of complex maternal claims, including cognitive injuries as a result of delayed birth treatments, cerebral palsy, and vaginal mesh litigation.

      Legal 500 2025

    • Josie Robinson is fantastic with clients, very commercial and hugely experienced. Opponents respect her and she gets great results.

      Legal 500 2024

    • Osbornes is a very respected firm in the marketplace.

      Chambers UK 2024

    • They handle really complex cases very well

      Chambers UK 2024

    • The clinical negligence team are knowledgeable and professional in their approach and demonstrate a high level of skill in litigation work.

      Chambers UK 2024

    • Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.

      Chambers UK 2024

    • Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.

      Chambers UK 2024

    • Jodi is really tenacious; she demands the best results and manages to secure them. She's got real drive and energy.

      Chambers UK 2024

    • Jodi is passionate about what she does and is a good lawyer.

      Chambers UK 2024

    • Jodi is very astute and compassionate.

      Chambers UK 2024

    • Jodi Newton is passionate about her work and is a really creative lawyer, always trying to find practical and innovative solutions to problems encountered.

      Legal 500 2024

    • Jodi Newton is knowledgeable and well regarded.

      Legal 500 2024

    • Jodi Newton has specific expertise regarding birth negligence cases, including those which involve cerebral palsy and Erb’s palsy injuries.

      Legal 500 2024

    • Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.

      Legal 500 2024

    • Hard working, approachable, good knowledge of clinical negligence and clients’ specific conditions

      Legal 500 2024

    • A joy to work with and always 100% client focused at all times.

      Legal 500 2024

    • The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients

      Legal 500 2024

    • “The team is very quick and efficient in responding."

      CHAMBERS UK 2023

    • "Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."

      CHAMBERS UK 2023

    • Ben Posford leads the catastrophic injury team and regularly represents claimants in neurological injury and fatal accident claims. He also has a niche specialism in claims involving cauda equina syndrome.

      Chambers UK 2023

    • Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment. She also advises on spinal injury claims.

      Chambers UK 2023

    • "She is really wonderful in sensitively handling clients in extreme situations and is a real fighter."

      Chambers UK 2023

    • "Jodi Newton is approachable and always has the client's best interest at heart."

      Chambers UK 2023

    • ‘They are ambitious for their clients and expect high standards from all who work with them.’

      Legal 500 2023

    • "Osbornes somehow combine the accessibility of a local firm, with the professional standards of a national or city outfit."

      Legal 500 2023

    • "I’ve been hugely impressed by Jodi Newton – she’s truly passionate about her cases and her clients, a real fighter and a star in the making."

      Legal 500 2023

    • "Jodi Newton has carved out a niche specialism in cerebral palsy and serious claims arising out of childbirth. She is so committed to her clients and their claims that she always gains and deserves their respect. A true specialist."

      Legal 500 2023

    • "Osbornes, is described as having ‘superb judgement and a medical knowledge that is second to none."

      Legal 500 2023

    • "Ben Posford’s particular expertise in this area focuses upon cauda equina claims, of which he is an undisputed powerhouse."

      Legal 500 2023

    • "Jodi Newton is a tenacious and intelligent fee earner. She fights tooth and nail for her clients and gains their trust and respect from the outset."

      Legal 500 2023

    • "Nicholas Leahy works extremely hard and understands the commercial sensitivities of clinical negligence litigation."

      Legal 500 2023

    • "Her persistence, perspicacity, determination and efficiency are simply outstanding, as are her legal, analytical and negotiating skills."

      Chambers UK 2022

    • They are an excellent firm who achieve fantastic outcomes for their clients. They are also very prominent in injuries to those travelling to or from Europe. Multiple languages are spoken by the team.

      Legal 500 2022

    • This firm is responsive and efficient. Their rapidity in dealing with complications or hiccups is excellent.

      Legal 500 2022

    • Jodi Newton is brilliant – a very capable, experienced and empathetic solicitor who has experience of handling high value and complicated cases. I am working with her on a cerebral palsy case at the moment, in which she has obtained an admission of liability and a substantial interim payment. A first class addition to the team.

      Legal 500 2022

    • Really great clinical negligence practice, staffed by experienced practitioners who know how NHS Trusts work. They also build great rapport with clients.’

      Legal 500 2022

    • The team at Osbornes was recently strengthened by the arrival of 'experienced and empathetic' associate Jodi Newton. She joins a department noted for its expertise in delayed diagnosis and wrongful birth claims.

      Legal 500 2022

    • A stand-out solicitor with a huge track record of successful clinical negligence work. She is forensic in her attention to detail, but also sees the broad sweep of strategic considerations”.

      Legal 500

    • Excellent service from Osbornes throughout on a difficult clinical negligence claim. Nicholas Leahy who handled the claim was responsive and professional throughout, while also providing pragmatic advice and clear drafting.

      Client review

    • Working with Osbornes Law was the best decision I could have made. Nick was really attentive to my issue and did a very thorough job. He truly made the process headache free! Highly recommend them.

      Client review

    • Nick Leahy has been my Solicitor throughout this journey and has been absolutely amazing; kind, approachable and extremely supportive... Through some dogged determination by Nick we achieved our goal without having to go to trial. I cannot thank Nick, Stephanie and all of the team at Osbornes highly enough for achieving a very favourable settlement, the outcome of which will make a huge difference to myself and my family.

      Client review

    • “The stand-out solicitor is Jodi Newton, who has a huge track record of successful clinical negligence work. She is forensic in her attention to detail, but also sees the broad sweep of strategic considerations”.

      Legal 500

    • "An excellent firm which achieves fantastic outcomes for clients."

      Legal 500 2021

    • Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.

      Legal 500 2020 - Clinical Negligence

    • The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.

      Legal 500 2020 - Clinical Negligence

    • "An exceptional outfit. They take on difficult cases, fight hard and win."

      Chambers UK

    • "Offers specialist expertise in cauda equina syndrome cases."

      Chambers UK

    • "Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."

      The Legal 500

    • "The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."

      Chambers UK

    • Quite simply excellent, with a highly competent and well-rounded team. They understand complex medical litigation and have been our lifesavers, and we will always owe them our immense gratitude.

      Medical Negligence Client

    Medical Negligence Accreditations

    • The Times best Law Firms 2026
    • scil logo
    • Leading firm - Legal 500 2026
    • chambers UK 2026 - firm logo
    • APIL Litigator Elline

    Contact our medical negligence lawyers today

    Call us to speak with a lawyer 020 7485 8811

    For all new enquiries, please submit your details via the contact forms on our website. This will ensure your query reaches the right team and is handled promptly.






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