The role of mediation in present day practice: illustrations from case studies

Abstract

Arguments are mounting against litigation as the appropriate oversight mechanism for medical errors due to costs, time spent and a one-sided system in which the “winner takes all”. In this case series, the role and potential benefits of mediation over litigation are discussed. In the cases discussed, mediation has the potential to decrease costs and time spent in conflict resolution when compared with litigation. Furthermore, mediation may provide psychological wellness benefits to the parties over litigation. A strong case can be made to pursue mediation initially in all patient-practitioner conflicts where possible.