When a patient is in a dispute with a hospital, doctor or other healthcare provider, the parties may agree to mediation to help them resolve their legal case. The mediator plays a pivotal role in the potential success of mediation.

The mediator begins the mediation process by inviting the parties to discuss the problem. He or she lays ground rules so that the parties will be able to discuss their legal dispute in a respectful manner. An effective mediator can help create a cooperative environment so that the parties are able to see a different perspective and consider another opinion regarding the dispute. The patient may believe that the healthcare provider has given inaccurate information or made a mistake. The healthcare provider can have honest communication about the patient’s treatment plan and the reasons behind certain decisions. If a claim has been denied, the patient may explain how this can impact his or her life while the insurer can consider if the patient’s claim may be approved. In this way, the mediator helps the parties to open up in a safe environment to clarify the issues involved in the dispute and to improve communication. The mediator is only interested in helping the parties reach a mutually agreeable solution and is objective throughout the process.

The mediator can also help the parties consider alternatives to litigating the case. He or she often leads the parties in brainstorming sessions in which they consider possible solutions to the underlying issues. The parties work together rather than against each other. At the same time, the mediator empowers the parties to keep power over the proceedings and to keep the decision-making authority out of the hands of a third party like a judge or jury.