Medical professional liability matters are among the most frequently tried to verdict and often present a host of challenges that can impede nontrial resolutions. Such cases typically involve serious personal injury, impairment and even death, and frequently carry a heightened emotional investment on the part of plaintiffs coupled with high expectations for recovery. On the other hand, defendants include professionals who take pride in caring for their patients and often consider adverse outcomes to be unfortunate complications resulting from complex medical situations rather than negligence. With liability generally hotly contested and highly credentialed experts providing support to both sides, parties can become deeply entrenched in their respective positions. Even in cases with a consensus favoring settlement, the involvement of multiple defendants with competing views regarding relative contribution toward settlement can impede resolution.

Mediation with a qualified neutral can be particularly helpful in overcoming these complexities in order to help facilitate settlements. In selecting mediators for medical professional liability cases, particular consideration should be given to mediators who employ a facilitative approach; mediators who are respected and trusted by party opponents; mediators with specific experience (including trial experience) with medical liability matters; mediators who are patient; and mediators with interpersonal qualities that lend themselves toward successful outcomes.

Facilitative Approach vs. Evaluative Approach

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