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The Role of the Mediator in Med Mal Cases

BY Roseann Lynn Brenner
January 31, 2013

There are many reasons why parties to medical malpractice actions choose mediation over litigation. Among them are more control over timing, discovery issues and the question of who will help them to reach an ultimate conclusion in their case. But making the decision to go with mediation over litigation is not the only important decision to be made: If the optimum outcome is to be achieved, the parties and the mediator should consider the following tips.

Appropriate Demeanor

The subject of proper demeanor during proceedings is most often brought up with relation to how the litigants should comport themselves. But it is axiomatic that the conduct of the mediator can set the tone for the entire mediation.

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