Why Mediation is an Excellent Option for Medical Malpractice Issues?

It's easy to understand the stress and agony of being involved in a medical malpractice issues. Whether it's the doctor involved in the case or the patient who 'suffered' from the malpractice, both parties understandably need a quick, convenient and fair way out of the entire mess. Going to court is definitely not the easiest way to settle the issue though sometimes it might be necessary. Nonetheless before you decide to file a lawsuit to the courts, you should consider settling the issue through mediation.

Mediation is a simple and effective way to settle a case outside the court. It is an attempt to keep a case out of the litigation process to save both parties of their money, time and energy. The mediation process involves both parties selecting a neutral third party as the mediator.

In some states where mediation is among the accepted legal options to resolve a dispute, the process is used only in few cases. One of the reasons for this is that many people are not well informed about how mediation can be an effective alternate dispute resolution (ADR) process for settling a medical malpractice issue. Naturally, lawyers would prefer that their clients litigate their dispute because it matches their aggressive nature. Nonetheless, mediation is an extremely efficient, convenient and cost-effective way to settle the malpractice dispute.

A medical malpractice mediation usually begins with a meeting involving the patient, healthcare provider, their attorneys and/or legal representatives, and a neutral third party as the mediator. Facilitated by the mediator, the concerned parties will all sit down and discuss the malpractice issue in order to form an agreeable settlement or compensation. Any decision made will be binding only if both parties signs up on it. Due to the absence of formal rules that are adhered in the courts, mediations are usually wrapped up within a couple days or weeks. All discussions that take place in the meeting are strictly confidential; they cannot even be admitted in a court of law. If parties are unable to conclude with an acceptable solution, either one of them can abandon the mediation process to pursue the case in court.

A good attorney will always recommend mediation to the client. In any case, mediation is a win-win situation for everyone involved as it promises quicker results with less hassle. Litigating a medical malpractice in court can last numerous months, even years, with hundreds of billable hours. This is in stark contrast to mediation where people can come to a fair settlement in a matter of days or weeks with minimal money and hassle involved.

Take advantage of what mediation can bring in resolving a medical malpractice dispute. If you want the help of a seasoned mediator, contact M. David Halpern 814-940-1565 and talk to him about your concerns. David practices mediation and arbitration of personal injury and medical malpractice issues, both privately and for the court systems. Visit http://www.halpernmediation.com/ for more information.