If a patient has a billing dispute, believes he or she was harmed by medical malpractice or is otherwise involved in a dispute with a hospital, doctor or another healthcare provider, he or she and the healthcare provider may agree to mediation as an alternative to litigating the case.

During mediation, the mediator explains his or her important role as a neutral third party. He or she does not impose decisions on the parties. His or her only interest is in helping the parties open up communication and work together to solve a mutual problem.

The mediator lays the ground rules for mediation. Typically, each party then gives an opening statement about why the dispute arose. The mediator provides a cooperative environment that allows the parties to view the dispute from a different perspective. The parties may have had no opportunity to communicate about the underlying problem before mediation, so this process can be cathartic to the parties.

The mediator may keep the parties in the same room or may separate them in private caucuses. During private caucuses, the mediator may provide objective feedback about the claim and discuss how local courts have ruled in recent cases that involved similar fact patterns. He or she may also present different offers and counteroffers during these private sessions.

The mediator may also suggest the parties consider alternatives to litigation and may lead the parties to brainstorm possible ways to resolve the dispute without resorting to the courts. In this way, the parties can be an integral part of the solution and can reach agreements on their terms that are particularly suited to their own needs. Parties can determine the outcome and resolution of their legal issues through this process.