- Less financial outlay compared to court proceedings.
- More timely resolution.
- More control over the process compared to litigation.
Dialogue and understanding
- Airing views for both participants can be cathartic.
- In the right circumstances, can restore relationship.
- Input from both parties to reach a shared agreement.
- Innovative solutions such as free treatments, products or audits not necessarily available in court.
- Face-to-face apology, understanding view point or apologetic tone.
- Feel part of the process, rather than a victim of it.
- If a patient is left in distress, it can harbour his/her mistrust in dentists.
- There can be an impact on a dentist’s confidence and ability to treat other patients, whilst awaiting resolution.
Forward Looking Process
- It is important to delve into the root of why something occurred; but mediation is forward-looking. We ask, ‘how might the future now look?’
Questions & Answers!
Both participants should be comfortable in their surroundings. The location is flexible. It can be in a common mutual location, at a dental practice or even online so you can sit in the comfort of your own home.
Speed of closure is a key advantage of mediation. The process is designed to encourage an agreement to be reached within hours. Every case is different and the most complex of cases may need to spread the sessions over separate days.
While mediation offers flexible and creative ways to reach a settlement based around all parties having an input, we cannot guarantee settlement.
Mediation does not conflict with any other settlement path such as court proceedings. In fact, the standard letting of claim (according to the Civil Procedure Rules in England and Wales) makes provision that mediation should be sought before starting litigation.
With the additional costs that legal proceedings entail, it is generally in the indemnity providers’ favour for a mediation to commence.
This will ensure a smaller settlement and keep indemnity fees down. However, please do keep them informed of the mediation. Before any settlement takes place in the mediation session, you can always contact your indemnity provider for legal advice.
Having a solicitor present is optional, but not necessary. You will be given a time out to speak to them, if required.
Mediations are ‘without prejudice’.
Without prejudice means that any matters discussed or any offers made during the mediation cannot later be brought up in court.
Yes, it is a confidential process which means that anything discussed within a mediation, will not be raised outside it. An agreement will be signed prior to the mediation to ensure this.
In fact, each participant can talk in confidence to the mediator, and nothing will be relayed to the other participant without permission.
Quote at bottom of page “Mediating at the royal courts of justice”