Think of how many problems could be avoided during a trial if the counsel only focuses on arriving at a resolution that’s fair for all individuals involved. With healthcare disputes, whether they’re between a patient and a doctor, insurance company, hospital, or the healthcare system, it’s unfortunate that patients are usually the ones who are not treated fairly.
Is there really a way to resolve healthcare disputes to ensure optimal outcomes for patients? Add to that the added layer of concern and uncertainty that the Covid-19 pandemic has brought upon us. So why mediation?
Basically, mediation gives parties the chance to try and come up with resolutions that would’ve otherwise been unavailable through a trial. This holds true even for court-ordered mediation, especially when dealing with complex disputes. Here are some vital considerations to think about if you’re considering mediation for a healthcare dispute:
Mediation is More Pocket-Friendly and Quicker Than Litigation
Put simply, it will save you tons of money and time. Due to the financial strain that the pandemic has brought on, which also affects the healthcare system, it’s crucial to opt for a more budget-friendly and quick way to reach a resolution for healthcare disputes.
Mediation Offers Finality
Most disputes reach a fair resolution through mediation and result in a dismissal in court. The settlement enables parties involved to move on with their lives. In healthcare disputes, this translates to patients getting the proper care they need to live a healthy life, and doctors, healthcare systems, etc. to focus on caring for patients and giving them the care they need.
Mediation Helps Combat the Emotional Toll and Stress Related to Court Cases
This is particularly helpful in medical malpractice and health insurance disputes. Naturally, both parties in these cases desire nothing more than a quick and fair resolution so they can move on with their lives. Mediation gives both parties the opportunity to air out their grievances and work towards a resolution that will benefit everyone.
Mediation is Completely Confidential
This is especially crucial in healthcare disputes, as confidentiality will ensure that everything that happens during mediation stays between relevant parties. On the other hand, information on court cases is public record.
Whether the dispute involves a patient’s personal details, a healthcare professional’s employment record, or sensitive deals between medical institutions, confidentiality is guaranteed. This also applies to mediation cases involving family disputes, child custody and divorce issues, management and labor unions, and estate planning.
Mediation Allows Parties to Take Control of Their Dispute
By contrast, taking a healthcare dispute to court essentially gives a judge or jury control over what happens with the case. With all the uncertainty and lack of control people are facing during this pandemic, having some semblance of control through mediation is vital to a lot of people.
Remember, we still don’t know how this pandemic will end or how long people will need to deal with its effects.
Put simply, mediation, as well as other alternative dispute resolution (ADR) techniques, offer viable alternatives that promote faster resolutions, control, and open communication.