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Mediators are useful in a myriad of situations, one of those being in the area of professional malpractice. When someone in a professional capacity fails to perform his or her job within the ethical guidelines prescribed, lawsuits can be likely. One way of avoiding a lawsuit and having all parties reach a place of mutual satisfaction is through the use of a mediator.
A mediator can be instrumental in solving issues in medical malpractice such as:
- Failure to pursue a patient’s full medical history
- Ignoring possible reactions to drug interactions
- Prescribing “wrong” doses of medication
- Improper administration of treatment, or treatment without consent
- Insufficient medical records of treatment
- Not communicating with the patient
- Fraud
In cases of legal malpractice, the mediator can solve problems relating to:
- Dishonesty
- Acting outside of “Good Faith”
- Treating the client in an unfair way
- Improper actions taken against the client or actions undertaken without their consent
- Breach of Attorney-Client Privilege
- Unethical behavior
- Fraud
There are other professional situations that can constitute a breach of contract. Anything that is a direct violation of the ethical standards of a professional practice can create a situation in which mediation can become necessary for solving disputes.
Using a mediator keeps things confidential and outside of a court. The mediator acts as a neutral third party and facilitates, rather than directs or controls, the process. In creating an environment for discussion of the grievances, a mediator is able to decide in a fair and unbiased way, what the best course of restitution would be.
Many people, particularly in a professional capacity, prefer to have a mediator settle their disputes. It keeps things between the aggrieved parties and the person or persons with whom they are having a dispute. Mediation is also less time consuming than court, as well as being more affordable.
