Tag Archives: malpractice mediation

Professional Malpractice Mediation Saves Time, Money—and Most Importantly, Relationships

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One of the major sources of rising costs in the medical field and related health care services is the high number of professional malpractice lawsuits that have become the status quo for many providers.  These numbers, and the costs that are associated with them, have created a situation in which professional malpractice mediation is one of the most sought-after sources of alternative dispute resolution.  Professional malpractice mediation for healthcare disputes is not only a cost-effective and time-saving alternative to costly and lengthy lawsuits—it is also completely confidential, making it an attractive alternative to the public nature of litigation for many health care facilities and health care providers.

Professional malpractice mediation is not just limited to health care and related fields, however.  Attorneys and educators can also benefit from professional malpractice mediation, as these fields have likewise seen a rise in lawsuits and disputes over issues such as negligence, confidentiality or services rendered.  Although most cases involving professional malpractice mediation fall within the realm of health and health-related services, other fields have benefitted from mediation and continue to show success in resolving disputes that are taken through this type of alternative resolution process.

If you have been the victim of professional malpractice and feel that the cost and time involved to pursue a lawsuit does not make pursuing justice reasonable, consider professional malpractice mediation as an alternative.  Many people have been absolutely satisfied with the outcome of the mediation process and feel that mediation is a much preferable alternative to litigation or arbitration for professional malpractice claims.  In many cases, mediation allows clients to continue to receive services from a professional, if so desired, as the relationship is better maintained than if a lawsuit had been pursued.  This fact—that mediation can successfully save client/professional relationships—speaks volumes as to its effectiveness and status as a preferred course of action over litigation.

Malpractice Mediation for Easier Settlements

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Malpractice Mediation for Easier Settlements
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According to a report compiled from the National Practitioner Data Bank, in 2012, over $3.6 billion dollars was paid out in medical malpractice claims.  Of these payouts, 93% were the result of a settlement rather than a judgment, which clearly shows the success rate of alternative dispute resolution practices such as professional malpractice mediation.

When a professional offers services—whether it be medical, legal or investment-related—the possibility always exists for something to go wrong.  After all, professionals are human and humans make mistakes from time to time—even the ones who are exceptional at their jobs.  In cases for which something goes wrong, most professionals are covered by an insurance policy for malpractice claims.  In fact, in today’s world, very few professionals practice their craft without one.

That’s why professional malpractice mediation is a great way to reach a settlement on a malpractice claim.  With litigation comes not only added expense, but also loss of time and (potentially) reputation in the process.  However, with professional malpractice mediation, both sides are able to openly communicate about the conflict with the assistance of a third party, neutral mediator.  This process of open communication facilitates a quicker settlement so that everyone can get back to their lives and put the incident behind them.

Many organizations encourage mediation as a way to resolve professional malpractice claims because it is a low-cost, low-profile option.  The best part is that if either party is not happy with the outcome of the mediation proceedings, they can then choose to litigate the claim.  While mediation ensures that the parties in conflict remain in control of the outcome of their own negotiations, it doesn’t always promise a resolution to the conflict.  However, in many cases involving professional malpractice, a mediator is able to bring the parties to a place of mutual agreement on settlement terms, making the process easier for everyone involved.