3.0 Pros & Cons of Mediation And The Challenges Faced
3.1 Pros
Mediation in medical field answer to most problems associated with medical malpractice litigation. “Mediation consists of the use of a neutral third party to facilitate a discussion between two opposing parties in an informal environment where the parties have the opportunity to discuss accusations or other elements of conflict.”
The dispute settlement agreements reached through mediation mostly will be accurate . This happens only in the sense that the individuals directly involved are responsible for reaching them. If the mediation process goes successfully , the plaintiff or the victims who got affected in the medical negligence will leave with the feeling that they were fairly compensated for their loss or injury, that they were heard and someone was held accountable. While the other party of the dispute or specifically the defendant will feel satisfied that they had the opportunity to explain themselves, possibly apologize and helped make the plaintiff whole again, without jeopardizing their own career or reputation. Even in this context the public or community will also gain some advantages for example by having court costs decreased, less
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One of those disadvantages of mediation in medical disputes creates expectations that a willingness or offer to mediate is in some way an acceptance of wrong doing in turn resulting in reluctance on the part of all involved to offer or enter into mediation. In , The Royal Society of Edinburgh :Encouraging Resolution and mediating patient/health services disputes stated that ,however ,experience in England shows that especially with court encouragement, recourse to mediation is not seen as a soft option or concession any more than a willingness to consider negotiation in the normal