Finally, a growing group of mediators are mediating divorces prior to the involvement of counsel, with good effect and increased client satisfaction. D. Medical Malpractice Medical litigation issues include both personality problems and medical malpractice issues. They are different from the preceding types of cases in important ways. One of the most difficult portions is the mediating that goes on between the different defendants. Often the reasonable range figure provides incentive, as does the possibility for partial settlements between the plaintiff and some defendants.
Cases seem to resolve more consistently if mediation occurs very early.
Unlike many defendants, most medical malpractice defendants are experts who can understand the risks and the theories. They may very likely have access to almost all the facts long before the plaintiff's discovery seeks them. Further claimants' negative feelings towards health care providers will harden over time. What was a great tragedy for which a defendant feels sorry eventually becomes a past matter that the defendant does not wish to remember or to accept blame in. Settlement works best when both parties are still able to communicate and listen.