It is important to work with experienced business dispute resolution attorneys with extensive experience in healthcare and medical practice-related issues as well as the legal venues of mediation and arbitration.
Most business and employment contracts associated with the healthcare industry or a medical practice specify arbitration and/or mediation as potential remedies for any contractual dispute. It is important to understand the difference between mediation and arbitration and to seek the representation of an experienced San Diego healthcare dispute resolution law firm.
The Primary Differences Between Healthcare Mediation and Arbitration
The primary differences FIND MORE LEGAL ARTICLESSEARCHbetween mediation and arbitration are the rules associated with the process and the finality and enforcement of any outcome. Both of these Alternative Dispute Resolution (ADR) processes provide additional privacy and confidentiality when compared to a typical court proceeding. Mediation and arbitration generally offer resolution in a much shorter period of time while saving substantial cost.
Healthcare arbitration is a common remedy in many business and employment contracts. In a healthcare arbitration the parties select a neutral third party, the arbitrator, who has extensive experience and expertise in healthcare regulatory issues, compliance requirements and other legal aspects of the case at hand. The arbitrator generally establishes the process for the arbitration where evidence is presented by both parties and the arbitrator issues an opinion which is usually binding upon the parties. Generally speaking the finding of the arbitrator is final and legally binding on both parties except in extreme cases where fraud or collusion involving the arbitrator can be proven.
Healthcare mediation is a more informal process where the parties agree upon a neutral third party, the mediator, who works between the parties to identify their positions in the dispute while seeking common ground. Mediation is a voluntary process which allows all parties to retain a substantial level of influence and control. The parties and their attorneys may present ideas and alternative suggestions for resolution. Mediation may resolve all or part of the matter at hand. Neither party is required to accept the recommendations of the mediator.
It is important to work with attorneys who have extensive experience, knowledge and legal skill associated with healthcare and medical practices as well as mediation and arbitration. Look for trial attorneys or a law firm with a successful and proven record verdicts and settlements at trial. The knowledge that your healthcare litigation attorneys are successful trial attorneys helps to opposing parties and their counsel from seeking resolution in a typical court process leading to a faster, more confidential and cost-efficient resolution in mediation or arbitration.
