It is commonly known that most medical negligence cases are resolved through a mutually agreed settlement rather than through a jury verdict at trial. What may be less well known are the mechanics of how negotiated resolutions are reached. One of most common methods of resolving a medical negligence case is through a mediation. Mediation is a process in which the parties to a lawsuit meet with a mutually selected, or court-appointed, neutral person who assists the parties with negotiating the settlement of the case. This column will explain the role of mediation in medical malpractice litigation and explain why mediation is particularly useful in the context of this type of dispute.
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