Benefits of Mediating Medicare Disputes

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MedicareMedicare disputes may arise when services are not provided under Medicare, billing issues are present, or an application is denied. Rather than drawing out the process through litigation, parties can agree to mediate their issue. Some ways that mediation can help with these types of disputes include:

Clear Up Misunderstandings

Oftentimes, patients or their families may be confused about eligibility criteria. Mediating a Medicare dispute can help the parties communicate better. Reasons for denial may be explained. In some situations, there may not have been enough information or the wrong patient may have been billed. Mediating – rather than litigating – the dispute can help clear up these misunderstandings. The mediator can flutter between each party and deliver information in a compassionate and professional manner.

Faster Response

Dragging out an issue in litigation can potentially take years to resolve. Through mediation, the process is expedited. Problems can be resolved much more quickly, helping to avoid periods of non-coverage or paying for necessary services.

Guaranteed Resolution

In mediation, if the parties reach an agreement, this agreement becomes a binding contract. Therefore, the patient does not have to worry that this agreement will be reneged.

Maintained Control

The parties maintain control when they decide to mediate their case. They do not have to agree to any settlement that they do not like. However, they have great latitude to reach flexible terms. They can agree to any legal resolution. In litigation, the judge makes the final decision. This often takes a great degree of control away from the parties.

Creative Solutions

If a judge makes a decision in a case, he or she is usually limited to the legal relief that can be provided. In contrast, parties who mediate their dispute can come up with flexible and creative solutions.

Resolving a Nursing Home Dispute through Mediation

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Families who have a loved one in a nursing home may wind up in a dispute with a nursing home over billing issues, care provided, services, financial matters or concerns regarding abuse or neglect. Mediation is a cost-effective alternative to filing a lawsuit against a nursing home and can provide several advantages to parties.

Mediation is often voluntarily entered into by the parties, but in some cases, a court may order it, or it may be required by the nursing home contract. The parties select an objective mediator. They can choose someone with subject matter expertise, such as someone who has contract or medical malpractice experience. Because mediation is confidential, the parties can feel free to be honest and forthright with each other because what they say cannot later be used against them in a trial if they do not reach a settlement in mediation.

Mediation is effective in the nursing home setting because it allows the plaintiff to express their concerns and feel heard during the process. Litigation makes the parties adversaries and cuts off communication. With the help of a mediator, the plaintiff can communicate their concerns. The parties brainstorm and work together to reach solutions to the problem. The mediator helps filter this communication between the parties and uses special conflict-resolution skills to enhance the communication between the parties. The mediator can also provide information to the parties that can help them be better informed about their case. For example, the mediator can point out weaknesses in the parties’ case that they had not considered or how a local judge has recently ruled on a relevant issue.

The mediator works as a facilitator between the parties. If the parties are able to reach a decision, the mediator draws up a contract between them that lay out the terms of the agreement.

Top Reasons to Participate in Long Term Disability Care Mediation

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Wheelchair walkIf you have a long term disability care dispute, mediation provides a number of key benefits that you may wish to consider before deciding to litigate your case. Here are some of the key reasons to consider resolving this matter through mediation.

You May Be Able to Pick the Mediator

The mediator is a neutral communication facilitator who can help you and the other party resolves your dispute in a collaborative manner. You and the other party can agree on a mediator, often someone with special knowledge and experience in long-term disability care matters or insurance disputes. This is a distinct advantage over litigation in which you are assigned a random judge.

You Can Get a Faster Resolution

When dealing with long-term disability care matters, time is of the essence. You may have been denied important medical services or the income that you need to replace your typical wages. If the case is litigated, it will likely take many months or even years to resolve the issue. In mediation, the parties and the mediator can decide on a date or series of dates for mediation that is only dependent on their respective schedules. This allows them to meet sooner and resolve the case faster.

You Participate in the Decision-Making Process

Parties have little involvement in litigation. They may testify, but the rest of the case is largely dependent on the actions of their lawyers and the judge’s decisions regarding the admissibility of the evidence. This can make them feel detached from the process. However, decisions regarding their care and insurance eligibility are important to parties. Mediation allows parties to participate in the decision-making process. They can express their concerns, brainstorm resolutions and accept or reject settlement offers.

January 21, 2018

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Benefits of Negotiating Child Support Modification in Mediation

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Child Support paymentChild support can often be modified after an original order is entered when circumstances change. State law may specify that this must be a material change, which may include an effect on income or expenses over a certain percentage amount. A change in your child’s needs may also justify modification of child support. Rather than heading back to court, the parties can use the mediation process to address their needs and legal dispute.

Mediation is a process in which a neutral third party attempts to help the parties reach an agreeable solution to their legal problem without further court involvement. The parties work together to come up with a solution that they can both accept. In mediation, the parties can discuss their child’s needs and explain why the existing amount of child support is not appropriate. Mediation can put the parents’ needs into perspective.

Also, In mediation, the parties can come up with a solution that takes more into consideration than the standard child support tables. Afterall, these tables represent an average family and not the specific needs of you and your children. For example, the parents may value higher education and may agree support should include payment of certain post-secondary expenses. Or, the parents may temporarily defer child support payments if the paying parent suffered a reduction in hours at work or a temporary job loss.

Mediation is also helpful because it decreases legal expenses. The less time parents spend fighting with each other, the less their legal expenses will be. The costs of mediation can be split between the parties. The parents may then present a joint petition to the court to modify the amount of support.