Category Archives: Uncategorized

Reasons for Co-Mediation of Med Mal Claims

Here are the reasons that co-mediation, described in a earlier post, with a physician and facilitative mediator can improve both the process and outcome compared to other approaches, and particularly to the quagmire of litigation: • First and foremost, this approach can effectively address perhaps the most critical element of any injury claim, and that is ensuring that legitimate claims are compensated reasonably and fairly, non-meritorious claims are identified and addressed accordingly, and the parties to the process feel that their voices have been heard and their interests met. Mediation... Read More

Solving the Med-Mal Riddle Through Co-Mediation

Consider a new approach to the review and resolution of difficult medical malpractice claims alternative to the courts that does not require legislation.  The following co-mediation model offers and alternative to the present system only with the consent of  the current players.. As with any voluntary system, the incentive to opt in must be great enough to encourage active and good faith participation. So the system must be designed to remedy the current problems, meet the needs and address the misgivings of the participants, and have sufficient flexibility to allow for adjustments as... Read More

Study regarding early dispute resolution practices of corporations

Take a look via this link at a terrific blog post by colleague John Lande reporting preliminary findings of a study we are conducting together on why and how corporations use planned early dispute resolution. Early resolution processes remain vastly underutilized. Our study is designed to elicit ideas and insights from companies that have successfully implemented such practices and how others could do the same. See my earlier blog exchange with Prof Lande that led to the joint study.

eBook on Early Mediation

It's very important, under appreciated and vastly underutilized. Satisfaction rates are much higher than settling late in a case, and even if you don't settle, you can narrow the issues and significantly reduce cost and the time to resolution. (Link for Download is also on Credentials page)
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