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- Title
MEDIATION AND MEDICAL MALPRACTICE: PROBLEMS WITH DEFINITION AND IMPLEMENTATION.
- Authors
MESCHIEVITZ, CATHERINE S.
- Abstract
The article discusses a study on traditional mediation and examines the theoretical benefits of mediation as a procedural response to the problems of resolving medical malpractice claims. It cites Wisconsin's efforts to resolve medical malpractice claims through mediation and the impact of Wisconsin's statute on settlements. It defines mediation as a voluntary, nonbinding process where a mediator works with disputants to resolve or mitigate their conflict in a mutually satisfactory settlement. It refers to mediation as a win/win process which is not bound by the rules of procedural law and rules of evidence. It suggests that a right-based settlement and interests-based medication schemes can provide adequate protections for individual rights and public interests.
- Subjects
WISCONSIN; MEDIATION; MEDICAL malpractice; LEGAL claims; LEGAL procedure; MEDICAL sciences; MEDICAL laws
- Publication
Law & Contemporary Problems, 1991, Vol 54, Issue 1, p195
- ISSN
0023-9186
- Publication type
Article
- DOI
10.2307/1191859