Medical negligence cases are often complex in nature, typically requiring the testimony of a medical expert to substantiate the plaintiff’s claims.  The legal and factual issues are often complex.  These factors mean that there may be additional issues in dispute, which tends to make the case longer, more complicated or more expensive for both parties involved in the process.

Another complication of medical negligence cases is that multiple defendants may be part of the case.  This means that each defendant may be represented by his or her own attorney that is looking after only his or her own client’s interests.  In this manner, the defendants may argue with each other and attack each other, which may only drive up the recovery for the plaintiff.

For parties that want to minimize the potential for a negative outcome, mediation is a reasonable solution.  Mediation can help minimize the costs associated with such lawsuits for both parties.  When such hefty costs are involved, the stakes are greater.  However, mediation can help level the playing field.  It may also allow a defendant to offer more in a potential settlement since it will not have to shell out as much in legal fees.

Additionally, when multiple defendants are part of the case, it can be difficult to apportion fault between the defendants.  A jury may not be sympathetic to a particular defendant and find this defendant primarily liable for the injuries.  In mediation, the parties can attempt to reach a formula that apportions the guilt in an equal or fairer way.

Mediation provides an opportunity for the parties to come together and resolve their case on their own terms.  This may include a formal apology by any defendant that may have made an error that resulted in the plaintiff’s injuries.  It may also provide a settlement figure that all of the parties can agree to and live with.