Tag: arbitrator

While these points aren’t explicitly tied to new legislative changes or groundbreaking decisions in mediation for medical malpractice, they collectively suggest a growing interest in alternative dispute resolution methods like mediation, alongside the ongoing challenges in its full integration into the medical malpractice legal framework. Mediation continues to be viewed as a tool for not […]

The agenda for mediation in settling a personal injury lawsuit typically follows a structured process to facilitate negotiation between the involved parties. Of course, mediations should be customized for each case and the steps set forth below may not all apply. The agenda can be adjusted based on the specifics of the case, the dynamics […]

Mediating Medical Malpractice and Personal Injury with an Attorney-Physician Mediator In the complex arena of medical malpractice and personal injury, the stakes are high, emotions run deep, and the technical details can be overwhelmingly intricate. Here enters the unique figure of the mediator who is both an attorney and a physician – a professional uniquely […]

Abstract: This article explores the distinction between “best practices” and “standard of care” within the context of medical malpractice lawsuits. While often used interchangeably, these terms have different implications in legal settings. This research aims to clarify these differences, examine their legal significance, and discuss how they influence outcomes in malpractice litigation. ## Introduction In […]

Abstract Medical malpractice lawsuits are complex, involving both intricate legal principles and detailed medical knowledge. Effective mediation in these cases requires an understanding of both domains, making the use of a mediator who is qualified as both a lawyer and a physician advantageous. This paper explores the benefits of engaging such dual-qualified mediators in medical […]

AbstractPersonal injury lawsuits often involve complex intersections of medical facts and legal principles. Utilizing a mediator who is both a qualified lawyer and a physician can offer a unique advantage in these cases by bringing a combined understanding of medical and legal perspectives, enhancing the process’s efficacy. This paper explores the specific benefits of such […]

Abstract Medical malpractice lawsuits often stem from complex interactions between healthcare providers and patients. In many cases, the emotional and psychological needs of the patients play a significant role in litigation. Apologies, when offered genuinely and timely, have emerged as a tool that can mitigate the negative effects of medical errors. This article examines the […]

The latest trends in the field of mediation for lawsuits in the United States reflect a growing emphasis on court-ordered mediation, technological advancements, and strategic shifts in handling disputes. Courts are increasingly penalizing parties who refuse to mediate, as mediation is seen as a way to reduce litigation costs and expedite resolutions. This is particularly […]

IntroductionThe Straus Institute for Dispute Resolution, housed at Pepperdine University’s Caruso School of Law, has consistently been recognized as a premier institution for training mediators. Its comprehensive programs and globally renowned faculty equip students with the practical and theoretical skills necessary to excel in alternative dispute resolution (ADR) settings. The Institute’s dedication to innovative pedagogy, […]

Attorneys often seek mediators to help resolve personal injury cases through alternative dispute resolution (ADR), as mediation can be a cost-effective and efficient way to settle disputes without going to trial. Here’s how they typically find mediators for these cases: 1. Professional Networks and Referrals 2. Mediation Services or Organizations 3. Online Mediation Directories 4. […]

The exact number of people in the United States who hold both a law license (JD) and a medical license (MD or DO) is difficult to determine, as no central database tracks this information comprehensively. However, it’s estimated that only a few hundred to a couple thousand people hold both licenses nationwide. This dual qualification […]

Mediation plays a critical role in settling medical malpractice disputes, often helping both sides avoid lengthy and costly trials. But the choice between in-person and video mediation can significantly impact the dynamics of these negotiations. Let’s explore the differences: In-Person Mediation: Video Mediation: Ultimately, both forms have advantages. Video mediation offers flexibility and cost-efficiency, while […]

Mediation is a crucial step in resolving personal injury cases before they go to trial, and the method—whether in-person or via video—can have a significant impact on the process. Here’s a breakdown of the key differences: In-Person Mediation: Video Mediation: Both formats have their merits, but the best option often depends on the complexity of […]

September 2024 – Arbitration is emerging as a pivotal method for resolving medical malpractice disputes in the United States, offering a streamlined alternative to traditional courtroom litigation. As the medical malpractice landscape becomes more complex, with rising insurance costs and lengthy trials, arbitration is gaining traction for its speed, cost-efficiency, and flexibility. Below are the […]