Cases involving claims of professional malpractice often present complex legal and factual questions that create great litigation risk for the parties. These cases can also be very emotional, due to the close nature of the relationship between client and professional, and the professional’s desire to preserve his or her reputation. The experienced mediators of Upchurch Watson White & Max Mediation Group are particularly well-suited to handle the complexities of malpractice mediation.
The defendant in a professional malpractice case may be a doctor, dentist lawyer, accountant, architect, engineer, or any other professional whose performance is alleged to fall below a reasonable standard of care. These highly technical and emotionally charged cases can take years to litigate, all at great risk to both parties. Malpractice mediation gives the parties the opportunity to speak openly about their concerns and promotes a candid examination of the case from both sides’ perspectives. While financial considerations may ultimately drive a settlement, malpractice mediation creates an opportunity the court system cannot – the opportunity for the parties to speak to one another in a controlled environment, or even to apologize within the confidentiality and privilege protections of the malpractice mediation session.
Cases in which lives are alleged to have been changed and professional reputations are on the line call for a steady hand at the head of the mediation table. The mediators of Upchurch Watson White & Max bring a problem-solving philosophy to the table, one that permits the parties to a malpractice mediation to weigh the risks and benefits of settling or litigating and make a self-determined decision with the assistance of their counsel.
Many of the mediators at Upchurch Watson White & Max have extensive experience in malpractice mediation. Some of these conflict resolution professionals handled malpractice cases in their prior litigation practices, whether representing plaintiffs or defendants, and whether in the personal injury/medical malpractice arena or in the business/professional malpractice arena, and thus bring experience to the mediation table both as an advocate and a neutral. Our mediators, many of whom are members of such organizations as the American College of Civil Trial Mediators, the Association of Attorney Mediators, the Professional Mediation Institute, and the International Academy of Mediators, have the training, continued education, and experience necessary to handle even the most challenging malpractice mediation.