A lawsuit can be an expensive (and stressful) process! Using a mediator can ease this process. Legal disputes are charged with emotion and uncertainty – no one goes into court knowing the outcome. Mediation empowers the parties because they come to the table with self-determination and with a greater sense of control over the outcome they seek, thereby alleviating the uncertainty that comes when litigating a case. Confidential and efficient, the mediation process can help you settle your dispute at a fraction of the cost of actually going to court and you’re more in charge!
Mediation allows you to avoid all the fees that accompany going to trial. These fees may include administrative and processing fees; document fees; attorney fees; and more. Once a trial concludes, it can be your responsibility to pay those fees or you may have to attempt to recover fees. And, if your case does not win, that may result in a very time consuming, financially draining process.
Mediation saves money. In an article from the American Medical News analysis and study of mediation in medical malpractice cases “support[s] the notion mediation is a more efficient, cost-effective process,” said Carol B. Liebman, a professor at Columbia Law School in New York.
“The study analyzed 31 cases referred for mediation by various hospital organizations in New York City from 2006 to 2007. The voluntary process uses an impartial outside mediator to help resolve medical liability lawsuits out of court, though parties retain the option to litigate, and any information shared remains confidential.
Overall, the various participants in the mediations, including patients, plaintiffs, defense lawyers, and hospital and insurance representatives, said they were satisfied with the proceedings, with 71% of the cases settling. Mediation was shown to save time and ultimately expenses for both parties involved, while compensating injured patients more quickly.
Settlements ranged from $35,000 to $1.7 million, with an average amount of $250,000. On average, the mediations took 3.7 hours, with most attorneys spending about six hours to prepare. Those figures stand in contrast to the 100 hours — or several days — lawyers reported would be required for trial preparation.”*
The only cost involved in mediation is the mediator’s hourly fee, which is typically shared between the disputing parties. The average mediation may last one or two days (depending on the case), the total cost per party is minimal. By going to mediation you may be able to reduce or eliminate those fees related to entering a lawsuit for example pre-trial discovery phase costs; administrative fees; and expert witness expenses are eliminated.
Mediation is almost always a ‘win/win’ situation. When mediation works, it can be very inexpensive and very fast. Your problem is solved and you can move on with your life. Mediation defers the cost of litigation and saves you a great deal of time and stress.
*Reference: Retrieved from http://www.amednews.com/article/20110112/profession/301129996/8/ Mediation saves time and money in medical liability cases, study says, on January 12, 2011
