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Healthcare Risk Management Discusses Mediation in Health Care with Partner Robert Shaw

Healthcare Risk Management
02.15.2019

In the February issue of Healthcare Risk Management, the trusted online publication aimed at risk managers and healthcare professionals, editor Greg Freeman includes an insightful commentary on mediation in healthcare in his article, “Mediation Can Resolve Disputes Faster, at Less Cost Than Litigation.” Smith Anderson partner and health care attorney Robert Shaw, alongside national industry experts, comments on how mediation may be the right strategy for resolving disputes that could otherwise lead to litigation.  

In his commentary, Robert shares that mediation can be most appropriate in business disputes, such as those between payors and payees, or even between practitioners and hospitals. With little advantage gained in a jury trial, Robert notes that all parties are typically motivated to resolve the dispute privately.

From a financial perspective, Robert comments that mediation requires not only paying your attorney, but the mediator as well, which includes the preparation of a mediation statement, all of which can be expensive and time-consuming. From a logistical standpoint, the parties involved generally have to physically meet, so if travel is involved that incurs additional expense, which can further hinder the efficiency.

“The cost of mediation can be a stumbling block,” Robert remarks. “Although it is far less expensive than litigation, mediation does require expenses that may cause parties to question why they can’t just hash things out through their lawyers.”

To read to the full article, click here.


Healthcare Risk Management is the trusted source for legal and patient safety advice since 1979. The subscription only publication is an Relias Media affiliate. Relias Media, part of Relias, provides medical information, publications and continuing education to healthcare professionals. Formerly known as AHC Media, Relias Media has a long history of fostering professional development through award-winning healthcare and clinically relevant content in emergency medicine, clinical medicine and hospital management. In addition to its educational publications, Relias Media publishes special reports and study guides on a variety of healthcare topics, most offering continuing medical education (CME) and/or continuing education (CE). Topics provide the latest insight on Medicare and Medicaid's changing hospital and healthcare regulations and a variety of other topics of interest.

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