Matt Wolfe was quoted extensively in Healthcare Risk Management on the advantages and disadvantages of using mediation to resolve disputes. In one section of the article, he described the differences between mediation and arbitration.
“With arbitration, the parties are putting the case in the hands of the arbitrator to make a decision that is legally binding,” Matt said. “There are jurisdictions and times where a court will require mediation before the parties proceed with litigation, which means they have to pursue mediation in good faith but they are not bound by what the mediator says. The mediator may determine the case is worth $2 million, but the parties can take it or leave it.”
He also explained what health care providers need to know about the rules of evidence and whether statements made during mediation can be used later at trial.
You can read the full article here. Healthcare Risk Management has been a trusted source for legal and patient safety advice since 1979.