This presentation introduces mediation (a form of alternative dispute resolution to resolve disputes between two or more parties) in a medical malpractice context. This presentation provides general information on mediation proceedings and its advantages and potential pitfalls. We will be posting one more presentation about how this process could be applied in a medical malpractice claim. Additionally, we would greatly appreciate your comments and feedback by sharing us on Twitter @JennyJung16. Please introduce yourself by providing your area of study/profession and share your thoughts, ideas, and any personal experience relating to mediation! Stay tuned!

1. Mediation in Medical
Malpractice
Jenny Jung and Kate Youd

2. What is Mediation?
 Mediation is a method of dispute resolution that
can be used instead of going to court in many
cases, including medical malpractice cases.
 In mediation, the parties meet with a trained,
neutral third party to discuss their problem and
come to an agreement.
 Unlike a judge or an arbitrator, a mediator has no
power to make a decision for the parties—all power
to come to an agreement remains entirely with the
parties.
 Mediation may be begun voluntary or may be
court-ordered.

3. Why Mediation?
 Unlike in other methods of legal dispute resolution,
the final decision remains solely in the hands of the
parties, not a third party. The parties have all the
power!
 Mediation is an entirely voluntary process—either
party can leave at any time.
 Mediation gives both sides a chance to come
together and discuss the situation with the
advantage of a trained mediator to help facilitate
the discussion and assist in coming to a potential
solution.
 Mediation is far less costly than other forms of
dispute resolution.

4. Potential Pitfalls of
Mediation
 In some cases, parties reach an impasse and are
unable to come to a working agreement.
 If this occurs, no settlement will be reached,
despite the time and energy spent in mediation,
and parties must return to other forms of dispute
resolution.
 This may be avoided by sufficient preparation by
each side, to identify possible issues that could
create a standoff.

5. How Does Mediation Work?
Part 1
 Mediations often involve the mediator, the parties,
and the attorneys from both sides.
 At the beginning of the mediation, the mediator will
explain the process and her approach. Some
mediators may take a more facilitative approach
to mediation, while others may be more evaluative
about the situation.
 Each party will then give an opening statement,
explaining their position on the situation and what
they’re hoping to achieve in the mediation.
 The mediator may ask questions of each side to
more fully understand the dispute and facilitate a
discussion.

6. How Does Mediation Work?
Part 2
 Mediation will partly involve joint sessions, with
both parties speaking together in a conversation
guided by the mediator.
 The mediator may also speak to each of the
sides individually in caucus sessions.
 These processes will continue, as guided by the
mediator, until the parties can come to a
resolution that is acceptable to both parties.
 If the parties decide no agreement is possible,
they can choose to end the mediation and
pursue other options.

7. What About Medical
Malpractice?
 Mediation can be a useful tool in resolving
medical malpractice disputes.
 We will be posting one more presentation about
how this process can be specifically applied to
the medical field.
 Please comment with questions or comments
about mediation in general or in the medical
malpractice realm.

8. Resources
 Center for Conflict Resolution of Chicago,
http://ccrchicago.weebly.com/
 Mediate.Com, http://www.mediate.com/about/
 U.S. Equal Employment Opportunity Commission,
Alternate Dispute Resolution,
http://www.eeoc.gov/federal/adr/mediation.cf
m
 Mediation Representation: Advocating as a
Problem-Solver, Harold I. Abramson