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.
Structural Considerations Mediation works well enough that many hospitals are focusing on in house mediation staff. Ronald G. Tefteller of Southwest Texas Methodist Hospital's program has been successful enough that he has been expanding it and has published several papers. Since October of 1989 he and his associates have been expanding their program into programs for churches and other large organizations. Such programs have benefited staff and patient relation problems as much or more as litigation issues. In considering mediation of a medical malpractice claim, remember that medical malpractice cases are expensive.