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.
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