In a courtroom, medical malpractice is one of the most difficult and most complicated claims to prove. In mediation, however, the process is different. By agreeing to mediation, the insurer/injured person are saying that they want to put the dispute behind them, and that they want to avoid a high-risk situation like a jury. The main goal in mediation, then, is that the solution be reasonable and fair.
We have mediated cases involving wrongful death, catastrophic injuries, cancer errors and stroke errors. It is important to note that nothing that is said in mediation can be used later in court. This allows the two sides to be more forthcoming. In this sense, mediation is playing an important role in the effort to improve the quality of medical care, because it encourages candor in describing cases.