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Mediation.(Medicolegal Issues)

Almost every health care liability claim will be mediated before it is tried or otherwise resolved. Mediation is an integral part of the litigation process. Without fail, courts either order parties to mediate before trial or require that mediation be part of an agreed-on pretrial plan created by the parties (1). Mediation, when properly used, can be beneficial and quite effective, but its routine use in the pretrial process has eroded its potential benefit. The pro forma use of mediation has also allowed this dispute resolution tool to often be misused and a waste of time for all involved. If mediation is approached with the proper mindset and commitment, however, it can be of ...

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