Medical Malpractice

When a physician finds out that a medical malpractice claim has been filed, it is typically an extremely emotional, heart wrenching experience.

Once a claim is filed, instead of having an opportunity to talk with the patient, the physician receives advice from his insurer and attorney that he should not speak to the patient or anyone else about it. Thus, the physician is thrown into an adversarial system in which legal attacks are defended on legal grounds. Experts for both sides then reconstruct what the physician lived through based on the cold reality of records.

Of course, patients go through emotional crises of their own surrounding the filing of a claim and as they go through the litigation process. Patients are also advised not to communicate with the physician while the claim is pending.

Communication in Medical Malpractice Mediation
The litigation process discourages communications other than those between the parties' respective lawyers. Physicians and patients communicate in the form of answers to questions, either in interrogatories, depositions or at a hearing. Instead of talking, they testify.

In mediation, the reverse occurs in that no one testifies, but everyone talks. In fact, a significant part of the mediation process is known as storytelling. This is facilitated by a mediator who seeks to create a space in which the physician and the patient have a full opportunity to speak and, most importantly, to listen to each other. Each side has the opportunity to "acquaint the other party with his suffering". Most mediators who handle medical malpractice claims have moving stories of mediations in which communications between a physician and a patient have been a significant factor in resolving a claim short of trial.

Mediation can be a much more humane and effective means of resolving a claim than a trial precisely because it presents opportunity for direct communication between the physician and patient. Mediation also enables a physician to understand more fully the litigation process, to evaluate the risks of going to trial, and to participate more meaningfully in the discussion of whether or not to settle the claim. That is, the mediation process provides information that serves as an informed basis for decision-making. A realistic appreciation of the risks for both the patient and the physician is what drives the negotiation.

In discussions with his counsel and the mediator, the physician will be able to address any interests he may have in regard to the claim. For example, confidentiality is a very important interest for many physicians. While the National Practitioner Data Bank and the laws of the Board of Medicine make it difficult to assure total confidentiality, with mediations, there are certain aspects of the matter which can be kept private and out of the newspaper. On the other hand, once a case goes to trial, the case becomes a matter of public record and details of it are readily accessible.

The Process of Medical Malpractice Mediation
Mediation is, in essence, a facilitated negotiation. The mediator is not the decision maker; the parties are the decision makers. In medical malpractice mediations, the physician may be the ultimate decision maker depending on the terms of his insurance coverage, or the insurer may be the final decision maker. Likewise, patients are the other ultimate decision makers, although in most situations, patients rely on the recommendations of their counsel. Mediators do not impose a resolution and unless both sides agree to settle the claim, there is no resolution.

If the matter is settled, an agreement is drafted and signed. This typically resolves the case subject to the finalizing of any necessary documents such as releases and payment or the approval of a court in the event a death or injury to a child is involved.

Mediations result in settlement approximately 85% of the time. Compared to the time required for depositions and trial, mediation typically requires less time out of the office for a physician. When settlement is not reached, the parties have not given up any rights, and they may proceed through the litigation process as if the mediation did not occur. In sum, there is everything to gain from attempting to settle in mediation and nothing to lose other than the cost of the mediation itself. This cost is generally minimal in comparison to going forward with litigation.

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Divorce Mediation/Family Matters

Divorce mediation still feels like a new idea in some parts of the country, but it's increasingly well-known and widely accepted. Mediation means different things to different people. In the form I recommend, you and your spouse would sit down in the same room with each other and with a neutral mediator. With the mediator's help, you would work through all the issues you need to resolve so the two of you can get through your divorce.

Although there certainly are several different styles of mediation, there are several things you can depend on no matter what style your mediator uses. Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you, which is natural and inevitable, in a way that helps you to work together as parents after your divorce.

The mediator remains neutral between the husband and the wife. That means the mediator can't give advice to either party, and also can't act as a lawyer for either party.

What the mediator can do, though, is to point out in open session to both spouses things that each of them should be aware of about what they're trying to accomplish. That open and free exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both spouses. 

You're welcome to bring your lawyer to mediation if you want to, or you can use your lawyer as an advisor between sessions. Don't let your lawyer make you feel that you must pay him or her to be with you during mediation. That's strictly up to you.

Mediation is voluntary. It continues only for so long as all three of you - you, your spouse, and the mediator -- want it to. Your mediator has to have a good reason to withdraw. You or your spouse can withdraw from mediation at any time, for a good reason, a bad reason, or no reason at all.

People often ask, "Does mediation really work?" In a word, yes. We know from years of research that when you compare couples who have mediated their divorce with couples who go through an adversarial divorce, mediating couples are more likely to be satisfied with the process and the results, likely to take less time and spend less money, and are less likely to go back to court later to fight about something.

The main advantage of mediation is that it keeps you and your spouse in control of your own divorce. That can make all the difference in your recovering from your divorce and moving on with your life. Mediation allows the two of you to get through your divorce with less conflict than you would experience in an adversarial divorce. Because mediation is all about working with shared knowledge, mediation also often allows you and your spouse to work together to lower your tax bill . . . and that can often translate to more money for you.

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Commercial/Business Mediation

As an alternative to business litigation, mediation of business disputes is typically less expensive and less time-consuming, leaves control in the hands of the disputing parties rather than a judge and jury, and leaves the parties free to fashion their own solutions. Mediation also provides the opportunity to resolve a dispute in a non-adversarial way so that valuable business relationships may continue and be preserved.

The disputes mediated have covered a wide range of business issues, including:

Our mediators take an active role in resolving business disputes. They assist the parties to implement an effective process, to clearly identify their interests and goals, and to identify and develop necessary information to be shared. They facilitate the discussions and give feedback to the business parties on the legal and factual issues from a neutral perspective. Our mediators view each mediation among businesses as unique. We approach mediation as a fluid process in which decisions about the best ways to help the parties are made as the mediation unfolds.

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Contractual Conflicts
Contract mediation usually starts when negotiations between the parties become non-productive or cease altogether. The mediator calls the parties together for a meeting to help find a basis for resolving the dispute on terms that are acceptable to both parties. The mediator examines and analyzes positions and interests to ensure that both parties have a clear understanding of the issues before them. Attempts are made to identify priorities and focus each party’s effort on problems that must be solved for an agreement. The mediator works to foster an atmosphere that supports idea-sharing and problem-solving.

At Global Mediation Solutions, we have vast experience in representing both claimants and defendants with regard to damages arising from contractual and extra-contractual liability, as well as in evaluating and quantifying the harm incurred. We evaluate the scope of your rights in the context of a given contract and to advise you in the exercise of those rights.

Pre-Contractual Mediation
Whether a pre-nuptial agreement, a partnership agreement, a family trust agreement, labor relations agreement, or other pre-contractual matter, pre-contractual mediation can be used to provide the parties with a neutral forum to exchange ideas, raise concerns, and address issues, alternatives and resolutions. The value of pre contract-mediation allows the parties to address issues/concerns they may not otherwise be comfortable raising in direct negotiations. As a result, once executed, the parties are able to eliminate doubt and feel confident that nothing was missed. During the Pre-Contract Mediation, the parties are free in the informal setting to employ attorneys, advisors, accountants or any person or resource which can add value to the process.

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Real Estate Contracts
Real estate transactions are often held up over matters that can be resolved in mediation.  Our extensive experience in Real Estate transaction and knowledge customs and practice in the industry allows us to help you resolve these disputes and bring your transaction to the closing table.

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Foreclosure Matters
Mediation in foreclosure cases is gaining traction. Helping homeowners and lenders reach an amicable and workable solution is the goal of mediation in the foreclosure setting. Homeowners are hopeful of remaining in their home and lenders are working hard to get homeowners back on track paying their mortgages and saving their homes. 

We have extensive experience in the foreclosure process and understand the real estate market and mortgage loans. This background gives us a unique understanding of available solutions that meet the needs of the parties in a foreclosure case.

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Collection/Debt Control
Taking legal action for unpaid debts can be time consuming and expensive with out a certainty of the outcome. When a customer offers a dispute as a reason for withholding payment, the usual procedure is to begin legal action with all of the lawyers and the added expenses this brings. The Courts have introduced protocols and will want to know what action resolve a matter has taken place before litigation began with the outcome becoming critical to both parties if no attempts to settle have taken place. As an alternative to Court action we are able to act as an intermediary between the parties in an effort to bring about a satisfactory resolution to the dispute, thereby ensuring a speedy and less costly outcome.

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Bankruptcy Disputes

Bankruptcy mediation is a highly successful negotiation process facilitated by a neutral third-party mediator who assists the parties to resolve their dispute. Mediation is available in Florida and all other jurisdictions.

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Aviation Disputes
Aviation disputes arise most often in areas concerning Injuries received in or by an aircraft, aircraft repair or damage caused by third parties, and disputes over airport properties. These cases require a mediator with a high degree of knowledge related to aviation. Reed Somberg is a commercial rated pilot with more than 35 years of aviation experience. You need someone like this to get your aviation cases settled.

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Domestic Issues Mediation
The legal system currently does not adequately protect gay/lesbian partners or other domestic relationships. The mediation process can provide the help that is needed in these cases. Agreements can be reached outside the legal system. Mediation can address issues common to gay/lesbian partnerships. Redesigning relationships, cohabitation agreements, conflicts with former partners or former spouses, as well as discrimination issues can be resolved through managed problem-solving with the aid of an experienced mediator.
If a gay/lesbian partnership is being dissolved, a neutral, skilled third person – the mediator – helps the parties reach a voluntary agreement on issues such as:

Need for lawyers. If necessary, we can make appropriate referrals to attorneys.

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Escrow Disputes
In today’s volatile real estate market many find themselves in disputes with buyers, sellers, and developers.  These disputes often involve the return of earnest money deposits held in escrow.  Mediation of this type of dispute is far more cost effective that having to litigate with the opposing party and the escrow agent.  Litigation can very easily absorb all or a significant part of the funds that you are fighting for and you could find yourself with a hollow victory.  You win the dispute and the escrow funds are absorbed in attorney’s fees and costs.  With mediation we help you achieve a workable solution.

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Labor and EEOC Claims
Mediation is a form of Alternative Dispute Resolution (ADR) that is offered by the U.S. Equal Employment Opportunity Commission (EEOC) as an alternative to the traditional investigative or litigation process. Mediation is an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination. The decision to mediate is completely voluntary for the charging party and the employer. Mediation gives the parties the opportunity to discuss the issues raised in the charge, clear up misunderstandings, determine the underlying interests or concerns, find areas of agreement and, ultimately, to incorporate those areas of agreements into resolutions. A mediator does not resolve the charge or impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution. The mediation process is strictly confidential. Information disclosed during mediation will not be revealed to anyone, including other EEOC employees.

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Civil Court Matters (All Types)

Most dispute arise in Circuit Civil Court, i.e. involves issues not related to family law, the purpose is to provide the community with an alternative forum in which to resolve civil disputes. Through the process of third-party facilitated negotiation, disputants are empowered to reach mutually beneficial agreements without expending the significant time and costs often associated with civil litigation.
You will find more specific areas in our website that arise as civil matters such as, personal injury cases, wrongful death, and business disputes. In all areas we strive to help you achieve an amicable and cost effective resolution.

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