Medical Malpractice Mediation: An Effective Alternative to Litigation

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When a patient is injured due to the negligence of a medical provider, he or she may consider suing the doctor or hospital in order to receive compensation for these injuries.  However, medical malpractice claims are often not successful.  Many cases are dropped before trial due to issues such as trouble in establishing causation, not having a necessary medical certificate from a medical expert or other issues from the plaintiff’s perspective.  When these cases make it to trial, many juries rule on the side of the healthcare provider.  For these reasons, it often behooves medical malpractice victims to consider an alternative to the expensive litigation process.

Medical malpractice litigation is often complex.  Many states require a doctor to complete an affidavit that specifies how the medical provider in question deviated from the standard of care and caused the victim’s injuries.  Expert medical testimony is often presented by both parties.  This also increases the expense of the process.  Mediation can be initiated early in the process to avoid the expensive legal fees, discovery fees and associated costs.

Additionally, mediation allows the parties to address their emotional concerns.  In litigation, this aspect of the case is often ignored.  A patient may feel betrayed if he or she did not provide informed consent or believes the healthcare provider misled him or her.  Receiving a heartfelt apology or acceptance of responsibility is often enough to inspire plaintiffs to reduce their request for compensation.

Mediation often serves as a preview to mediation.  It is important that both parties look at how their side of the case is perceived by the other side, as well as to see how the other party’s side of the case is supported.  Mediation also speeds up the process to resolve the case since the parties do not have to wait on protracted litigation.

Your Complete Guide on Special Education Mediation

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Special education mediation is an innovative process in which parents and school district staff work together to resolve an issue related to the special education program.  The mediator serves a vital role in this process as a neutral party who helps facilitate communication between the parties.  He or she guides them toward a mutually satisfactory agreement.

This process is usually commenced before the filing of a due process petition, but it can technically be requested at any point in the process.  The mediator schedules the mediation session at a time that is convenient for both of the parties.  The parties’ schedules are usually the only factor involved in setting the date and time, which is an extreme advantage over litigation in which the parties must often wait months for an available date on the docket.

Mediation can successfully resolve a variety of special education issues, including:

  • Requests for more special education services
  • Placement in specific classes or schools
  • Eligibility for special education services
  • Concerns regarding IEP determinations

During mediation, the mediator will help the parties define their positions, find points of agreement and narrow their issues.  The mediator can also provide a neutral assessment of the strengths and weaknesses of each side’s position so that they have a more realistic view on it.  Depending on the parties and the mediator, the parties may be in the same room together and brainstorm possible solutions to their issue.

The mediation process is confidential, so anything said during the process cannot later be repeated during a due process hearing.  If the parties are unable to reach a decision, the parent still has the right to pursue relief through a due process hearing.  If the parties are able to reach an agreement, the parties may enter into a written contract that outlines their mutual decisions.

What is Different About Civil Rights Mediation?

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When a party believes that his or her civil rights have been violated, such as through police misconduct, discrimination in the workplace or violations of fair housing laws, he or she may have the option of mediating rather than litigating the claim.  This process has many key differences to litigation.

Mediation is a voluntary process.  It does not happen unless both parties agree to it.  However, the parties do not waive their statutory rights simply by agreeing to mediation.  If the parties are unable to reach an amicable solution during mediation, they can proceed with their case through litigation.  Any time that they use to try to resolve the case through mediation usually tolls the statute of limitations and other deadlines since courts want to encourage parties to reach settlements out of court when possible.

The process is non-adversarial, meaning that the parties work together to resolve mutual goals.  In litigation, the parties are inherently adversaries.  Also, the parties are not restricted to the remedies available in court.  Possible solutions may include reinstatement, a reference letter, an apology, clarification on applicable policies, changes in policies, monetary awards or myriad other solutions that the parties agree to.

The mediator assists the parties in identifying issues, working through problems together and exploring different options for possible settlement.  The mediator’s role is to facilitate communication between the parties, not to impose a decision on them.

If the parties reach an agreement, they enter into a written contract, which includes a full provision that says that the complaint is being withdrawn and that the agreement is a final settlement of all charges.

Maritime Law: What You Need to Know about Maritime Mediation

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Disputes on international waters usually lead to maritime law legal issues. . Rather than progressing through the confusing and complicated laws of an outdated system, the two parties can use a neutral professional to help settle the matter amicably without the need to litigate. While the maritime mediator has no power to decide what outcome the case has, he or she can help settle the dispute through listening and providing a sounding board. The mediator relies on knowledge and experience to help find creative solutions to difficult problems.

The Maritime Mediator’s Role

The mediator is the administrator of this process, and he will ensure that the procedure moves properly with the agreed rules. The professional will coordinate matters and keep the case progressing. The mediation is prompt and fair. It provides an efficient way for the parties to resolve their dispute.  At the beginning of mediation, the mediator will explain the rules. The parties will then usually split up and the mediator will take turns listening to each party, during which time he or she will remain. The mediator will let both sides unbiased and objective. By looking for an overlap in the parties’ interests, the mediator can assist the parties in reaching a settlement that is agreeable to both of them.

Advantages of Using Maritime Mediation

Maritime law usually applies when in international waters or over 25 miles from the shore. The mediation process can provide the means to reduce stress when there is a legal dispute and help the two parties create an open dialogue. A primary benefit is the significant reduction in cost over litigation. Additionally, there is a significant decrease in the time it takes to resolve the matter. Mediation is usually more flexible and less formal than litigation. The mediator can explain how maritime law works and why this process can bypass the more outdated rules that would govern the case.