Mediation is a legal process that helps parties embroiled in a dispute work together to resolve the issue, effectively taking the power from the court and placing it squarely in the hands of the parties involved in the dispute. Because of the many benefits of mediation, including the cost and time savings, mediation is increasingly being used by more parties, including nursing homes and disputants. Here is what you should know about mediation in this context.

Types of Nursing Home Cases that Can Be Mediated

Many different types of disputes that occur within the nursing home context can be effectively resolved through mediation. One of the few requirements is that the parties be willing to use this method and participate in good faith. Mediation has successfully resolved cases involving:

• Billing disputes
• Disputes over care provided or withheld
• Services
• Employment disputes
• Concerns regarding abuse or neglect

The Process of Mediation

The parties usually voluntarily agree to mediate the claim. They will agree on a mediator, usually someone with experience involving nursing homes or personal injury cases. The mediator explains the ground rules of mediation, describes its benefits, and helps guide the parties’ communication.

Mediation is confidential, so the parties often feel more comfortable freely expressing themselves without worrying about hearing what they say repeated in court. This open communication can help clear up misunderstandings and also allow the plaintiff in the case to freely express their concerns, an opportunity not usually afforded within the civil litigation process.

The parties work together to reach possible solutions to their legal issue. If the parties cansettle, the mediator draws up a written agreement to this effect.