Conflict Resolution Psychology and Civil Litigation - Dr Hugh Koch, Hugh Koch Associates
27/10/17. Following previous articles on how psychology impinges on the civil law process (1,2,3), this outline illustrates possible ways in which the psychology of conflict resolution can apply to medico-legal activity in civil compensation cases and be explored more substantively in a later paper.
The medico-legal trail in Fig I below indicates the main process steps involving medico-legal experts plus the several branches of psychology:-
Conflict can occur in several relationships:
- Expert Witness – Claimant: During the pre-interview, interview itself and subsequent report writing stages, claimants may disagree with the style and content of conversations and written reports.
- Expert Witness – Instructing Lawyer: The lawyer, in receipt of an Expert’s report, may wish to communicate differences of opinion between the claimant (his/her client) and the expert. The issue of amendment of reports can become controversial and conflictual.
- Case Conference Discussion: This multi-person meeting of claimant, expert, lawyer, counsel is a unique opportunity to...
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