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.

The coronavirus has led to millions of illnesses and thousands of deaths across the United States. It has also caused significant effects in other realms, including disrupting the economy and leading to millions of workers laid off. While mediation has been around for a long time, the current pandemic highlights its usefulness, especially in the following three areas:

Family Disputes
Not long after the pandemic was underway in the United States, family lawyers across the country started receiving more calls from parents who were struggling to co-parent during this unprecedented time. Many courts around the country closed in response to concerns about the virus, so many were left with little guidance on how to deal with a situation not contemplated when their custody order was put in place.

Mediation is particularly effective in resolving family disputes because it gets the parties to work together toward a shared mutual goal. The parties can consider arrangements that work best for their family without the intervention or reliance on the family court system. Because the parties helped to put the arrangements in place, they are more likely to adhere to the terms of the agreement.

Employment Disputes
The coronavirus has led to massive layoffs. An important social movement has also coincided during this time, resulting in the demand for equal pay and social justice. Employers have had to make difficult decisions in the last few months.

Employment disputes may be resolved through mediation. The parties can come up with creative solutions to their problems and also discuss their concerns in a safe forum.

Contract Disputes
Many contracts did not anticipate the issues surrounding coronavirus. Parties may be carefully reviewing their force majeure clauses. A knowledgeable mediator can discuss how courts have recently ruled on these issues and explain the benefits of keeping the case out of court to provide greater certainty and control over the outcome.

Mediation is a tool that can be used to mend relationships and resolve disputes in nursing homes. Complaints against nursing homes are filed through a grievance process, and when the resolution is not good, it proceeds to arbitration. It is good to go through mediation first before arbitration. With mediation, the emotional and complex issues that arose will be discussed and handled.

Here are a few things to think about why you should choose mediation:

Mediation is less stressful: Lawsuits can be very stressful for everyone involved. Moreover, people of old age are more vulnerable to a different medical condition and we do not want them to go through stress. Waiting for court dates and attending multiple meetings with lawyers can be quite tiring. Mediation offers a less stressful way to participate meaningfully in discussions of the issue and negotiations for resolution.

Mediation is faster: Getting a court date alone will probably take a lot of time already, and usually, cases related to nursing homes last from one to three years. Litigation takes a lot of your time and money. While mediation, on the other hand, can be done in one day if everything will be resolved and settled. It can also be done at your chosen time.

Mediation is more affordable: If you opt to choose litigation, you will spend more money because it is expensive. Consider the filing fees, attorney’s fees, and other court fees applicable. Case preparation is extensive and you might need to hire different experts to build your case. And because litigations take longer, the costs will be higher than mediation.

Mediation is private: Taking matters to the court will expose you to publicity because there will be people in your trials or hearings. If you have confidential matters about the case, everything will be discussed in court even if you are comfortable or not. In mediation, everything is done in private, so you can even open the most confidential issues you want to raise against the nursing home. Everything will be discussed and negotiated in private.

Mediation offers personalized resolution: If you chose litigation, what the judge says if the final decision, it may or may not be fair to you. In mediation, every concern is open for negotiation. Both parties involved a compromise and meet in the middle for mutual benefit and resolution.

Mediation and litigation are two different things, both can be used to resolve disputes. Mediation may be a part of a litigation, but mediation does not always have to end up in litigation. Mediation in cases of elder abuse and mistreatment may happen outside a litigation process. You can resolve everything without the court to interfere if that is what you want.

What is mediation?

Mediation is a legal process and an alternative to litigation. Mediation is used to resolve disputes with the other party involved while a mediator acts as the middle. Mediation has been happening for many decades now, and because of a more successful mediation, many have been choosing to mediate first before bringing the issues in the courts. In mediation, relationships can also be preserved. Because everything happens privately more understanding and calmness is present, no need for court battles, and too much of hard feelings.

Mediation is also less expensive than litigation. It is also a faster way to resolve disputes. If you bring your concerns in court, most cases take years. Resolutions in abuse are not something that should not take too long to avoid stress.

Mediation in elder abuse concerns

If a family member is involved in elder abuse, this is something that you can immediately resolve with mediation. You can just sit down with the family member and the mediator over the weekend or holiday to discuss your issues and come up with a resolution that works for both of you. Moreover, if you intend to keep the relationship with that certain family member, mediation is the perfect way to raise your disputes. Your family matters will also be kept in private with mediation rather than exposing all your conflicts in court.

The Coronavirus pandemic has been considered a global crisis. Many have been affected, from business to personal matters. People are in disarray because many are getting sick, they cannot go out, businesses are closed, and some do not have an income because of offices closed. People are stressed out causing more disputes which are taking a toll on management and relationships. More problems arose because of this COVID-19 pandemic.

Amidst this lockdown and chaos, there is a solution available for you to resolve your conflicts. Whether this is a family dispute or a business dispute, mediation is the answer to your conflicts. Mediation is a legal process where both parties will discuss their issues, negotiate towards a resolution with a third neutral person called the mediator.

Mediation is a better way to resolve disputes especially now. Not only because the courts are closed, but also because of the benefits. With mediation, your discussions are more private. If you fill this in court and trials will happen, you and the parties involved are subject to the public eye. If this is a sensitive topic, many will know about it. Another thing, mediation is the better option during this pandemic because it is faster. This is something that can be done in a day, as long as all the issues are handled and both parties agree with the resolution. If you take your dispute in the courts, you have to wait for them to open and trials might last for years.

Mediation also allows us to preserve relationships. The dispute now might just be caused by the Coronavirus pandemic, and when everything happens you might regret if you cut off your relationship with the other party involved. Mediation allows you to personalize your agreements too, towards the resolution. Unlike in court, what the judge says is the decision. But with mediation, the decision is in your hands.