Medical Professionals and Mediation

Medical professionals, such as Doctors and Nurses are finding themselves more and more the subject of litigation with regards to issues arising from their profession, these could be in the form of malpractice claims, a dispute between a medical professional and their patients, or false and inaccurate complaints made against their governing bodies, such as the GMC, or employers. The cost of fighting these claims, if there is merit or not, can soon become very excessive. More and more medical professionals are turning to Alternative Dispute Resolution (ADR) methods as a way of addressing these issues. Mediation should always be the first step when looking at ADR as a way of resolving these issues. Mediation is a voluntary process and is highly effective at resolving issues in the most cost effective manner, for example in the UK a normal day in court will cost about £7000 pounds for a Barrister, Mediation costs with Armstrong Dispute Resolution, are set at £650 (Subject to change) pounds sterling for a Mediation session, this is normally held via an online tool and can be split over a couple of days, preferably the same day, however flexibility is the key, this is the total cost, of which all parties are equally liable, the £7000 pounds quoted is just for one parties fees.

Within the medical litigation arena often the parties are looking for both a monetary and an explanation, often the explanation is just as if not more important than any monies being claimed. Often, they, the plaintiffs, just want to be heard and know that the medical professional has heard them and sometimes an apology is all they are looking for. Many times, during mediation when a medical professional is able to hear exactly what the other party(s) is complaining about they are able to answer and give a detailed explanation as to why a procedure, treatment, was carried out in the defined manner, sometimes this will help the parties understand the situation in more detail and be more willing to look at reduced claims and other items as a resolution.

Unlike standard litigation, Mediation provides the method and means of doing just this, remember Mediation agreements are not bound by the rules and regulations as laid out for a court of law or a tribunal. Mediation is able to find a solution that fits the needs of the parties, the successful outcome of Mediation is an agreement on the resolution by both parties.

Some of the key advantages of Mediation are:

Cost effective, while it maybe advisable for all parties to seek legal representation it is not always required, early mediation often takes places before any party has secured legal representation and often results in an agreement which can be drawn up without the need for excessive legal costs. At Armstrong Dispute Resolution we conduct the majority of our Mediation sessions via an online process and therefore there are no travel, accommodation or other miscellaneous costs involved.

Timely, Mediation session within Armstrong Dispute Resolution are normally scheduled within 14 days from receiving a signed agreement to mediate form by all parties involved, and as we use an online tool we are able to be very flexible on times and dates, we are not bound by travel arrangements and hotel accommodations etc. even different time zones can be, and often are, handled by us. With standard litigation, and even professional body complaints, can take months if not longer to get resolved, and then these may be subject to delays due to overruns of previous cases etc. Here at Armstrong Dispute Resolution we only ever assign 1 case per day to a Mediator.

Win – Win, with standard litigation and even Arbitration the focus is on finding out who is the winner and who is the loser, Mediation is more focused on finding a solution to enable all parties to move forward and resolve the issue in the most amicable manner possible. All parties normally consider themselves to have been the winner.

Confidentiality, nothing that is discussed during Mediation is recorded and nothing is reported unless an agreement is reached, and it is necessary for that agreement to be recorded within a court. If an agreement is the final outcome from Mediation, this agreement does become legally binding, this agreement maybe drawn up by the legal department of Armstrong Dispute Resolution or an external legal adviser, the cost for any such agreement, unless stated otherwise, would be shared equally between the parties involved. With standard litigation, this is often held in a public session and the case will be recorded and accessible for all. This can damage the good name of a medical professional and for the plaintiff it may result in private and personal information becoming public knowledge.

Relaxed environment, for anybody that has been required to appear in a litigation case, either in a tribunal hearing or a court setting, this experience can be very unnerving and distressing. Mediation, while it is a formal process for obtaining a resolution, and the oldest recognized method of dispute resolution, is a much more relaxed, less stressful and less hostile method of addressing the issues, and when conducting online mediation this can be further supported by the fact all parties will be in their own environment and will feel more relaxed, being within a familiar environment, be it your office or your home will help calm you during a stressful period.

Why use Armstrong Dispute Resolution, for us working with medical professionals is an honour and a privilege, we have been working with medical professional from Australia, USA and the UK for over 2 years now, helping them resolving issues in a more timely and cost effective manner, we have worked on such issues as practice break downs(disputes between partners), malpractice complaints, GMC complaints, issues between colleagues and issues between employers and employees.

Medical professionals need and deserve a company, an organization, that is willing to work with them and work in a manner that will help them resolve the issue with the least amount of distress to all involved. We understand the stress and pressure placed upon the modern medical professional and we firmly believe that the use of Mediation via online tools and process is the most cost-effective manner in which issues can and should be resolved.

The courts, globally are pushing parties to look at and use Alternative Dispute Resolution methods as the preferred means to resolve issues before going down the standard path of litigation, many jurisdictions now actually make it a condition of hearing a case that Mediation must have been attempted before it can be heard.

Contact us for a free initial consultation, remember by using Mediation you have nothing to lose and everything to gain. ( )

We look forward to working with you and helping you resolve issues early, before they become too costly for all involved.

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