PROFESSIONAL AND CLINICAL NEGLIGENCE
Here, as well as the cost saving and other benefits outlined above, a significant advantage to a professional defendant is the confidentiality of the process.
Mediation is “without prejudice” so a mediated resolution does not involve an admission or finding of liability.
Very often liability is far from clear and will only be determined by expensive litigation where the loser pays the costs as well as the damages.
Settlement avoids a prejudicial finding and minimises the expense that goes with losing.
Other advantages include a means whereby the parties may discuss why a particular event occurred, what the defendant will do in the future to avoid a recurrence and allow an expression of regret and even apology.
In other words there is an opportunity for some human, even emotional, interaction which is so often important to a plaintiff.