The first step in getting disputes resolved under general condition 14 (GC14) of the NHS Standard Contract is escalated negotiation for 15 working days, involving senior directors of both parties who are able to make decisions for their organisations.

Bailey & Moore can facilitate this process by facilitating these negotiations and offering a range of technical and practical advice. This can be helpful to defuse issues where negotiations have reached stalemate.

We can advise on the technical detail of aspects of the contract or other national guidance, including undertaking a specific piece of research and providing a written opinion if required.
We can also advise on precedents that have been set where we have come across a particular issue before. While precedents are not binding in the NHS, they do give an indication of where a potential mediation or arbitration may land.

In short, our aim is to provide a safe space where the parties can redirect their negotiations in a very practical way, yet one that is rooted firmly in the terms of the contract. The objective is to preserve good working relationships by bringing disputes to a close wherever possible, including a written statement of the outcome. Where closure is not possible, we always recommend proceeding to formal mediation at the earliest possible opportunity, in line with GC14.

Our Clients

search provided by Store Locator Plus®
Enter an address or zip code and click the find locations button.

Case Studies

  • Strategic assistance with escalated contract negotiation and mediation

    Strategic assistance with escalated contract negotiation and mediation

    We have recently been helping 3 London acute providers with setting their contracts for specialised services. These contracts have been subjec...

    continue reading

  • Facilitated mediation

    Facilitated mediation

    We were asked by a London acute provider and co-ordinating CCG commissioner to mediate in a long running dispute over counting and coding chan...

    continue reading

  • Emergency Pathway and Pricing Review

    Emergency Pathway and Pricing Review

    We undertook an interesting piece of work at a London Foundation Trust to review their main emergency pathways, particularly focusing on the E...

    continue reading