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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.