Keeping End-Of-Life Decisions Away From Courts After Thirty Years of Failure: Bioethical Mediation as an Alternative for Resolving End-Of-Life Disputes
David M. Shelton, 31 Hamline L. Rev. 103 (2008)
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This Article will discuss why mediation may provide the most effective means of resolving end-of-life disputes. Part II provides some background information regarding previous judicial attempts at resolving end-of-life disputes and discusses the numerous criticisms of court decisions involving the removal of life-sustaining treatment. Part III examines the interests that the parties involved may value when considering the termination of life-sustaining treatment whether the individual remains competent or becomes incompetent. Potential parties to an end-of-life dispute include, but are not limited to, patients, guardians, families, physicians, and health care institutions. Part IV presents and addresses some of the bioethical concerns surrounding the decision to terminate life-sustaining treatment. Finally, Part V of the Article proposes that parties attempt to resolve end-of-life disputes using a neutral mediator who is trained in bioethics prior to or in lieu of entering the litigation system.
