Pre-Litigation Mediation In Medical Negligence: Reforming Consumer Redressal In Delhi
- IJLLR Journal
- May 19
- 2 min read
Ishika Yadav & Dr. Anita Yadav, Gautam Budh University, Greater Noida
ABSTRACT
In recent years, medical negligence cases have been a significant challenge for consumer forums in India, especially in major cities such as Delhi, because of their technicality, the need for extensive documentation, and the long duration needed for their decision-making. When this happens, pre- litigation mediation becomes an important tool in the Alternative Dispute Resolution (ADR) arsenal designed to end conflicts between patients, healthcare institutions and service providers before any formal litigation process begins. In this paper, the author has critically discussed the concept of pre-litigation mediation in medical negligence cases in the context of consumer redress in Delhi. It examines how interest-based, voluntary and confidential mediation can be used to resolve the conflict between a patient seeking compensation and a healthcare provider seeking to avoid the uncertainty and negative publicity of continued litigation.The study reveals that medical negligence cases brought in consumer fora are often burdened with delays resulting from the requirement of obtaining medical evidence, procedural intricacies and litigious attitude. The pre-litigation mediation, with the help of institutional mechanism like mediation centres attached to Delhi High Court, and consumer dispute resolution mechanism can provide a speedy, cost-effective and less adversarial option. It also calls for maintaining the doctor-patient relationship and the backlog of cases in the courts to be reduced as well as giving proper recognition to the just claims of the patients.The study does highlight, however, issues of awareness, imbalance of power between parties, lack of compulsory mediation in medical negligence cases and problems with enforceability of mediated settlements. The paper suggests that structured pre-litigation mediation can be a major source of reform of the consumer redressal in medical negligence cases, provided it is backed by legal mandates, trained medical mediators and integrated mediation procedures in consumer commissions.
Keywords: Pre-litigation mediation, medical negligence, consumer protection, ADR, Delhi consumer forums, dispute resolution, healthcare litigation, settlement mechanisms, legal reform, mediation in India.
