In this episode of Face the Jury, we are joined by Shuli Green, an expert in medical malpractice mediation. In her role, she offers knowledge, expertise, and dispute resolution skills to parties to help them successfully resolve their claims and avoid the cost and uncertainty of protracted litigation. You don’t want to miss the conversation.
What is Mediation?
We spend a lot of time on Face the Jury talking about trial techniques and past cases, but it’s interesting to learn about the cases that never make it to trial.
At its core, mediation is a negotiated settlement process facilitated by a neutral party. Shuli Green, a professional, seasoned mediator, explains that the mediator acts as a bridge between opposing sides, guiding them toward resolution by listening to both parties, strategizing to address key issues, and providing a confidential space for open discussions.
Shuli believes in an ideal world, we probably shouldn’t need mediators, but the process of litigation involves a lot of emotions that can cloud judgment. There can also be strained attorney relationships that hinder effective communication, and mediators help neutralize these barriers so each side feels like they’re in a safe space. This allows people to put their guard down and dig into the issues at hand to look at them from a new and fresh point of view that the trial may complicate.
Medical Malpractice Mediation
Some disputes, like less complex car accident claims, may follow predictable patterns of liability: causation, damages, and negotiation. Shuli points out that medical malpractice cases tend to be very complex and involve a lot of issues that don’t regularly come up. Medical malpractice requires deep expertise in the medical issue and extensive preparation.
Shuli has found that medical malpractice mediation cases are more difficult overall because she believes there is typically a strong presumption in favor of doctors and medical providers with juries. People want to think they are getting the best medical care when they visit a doctor or hospital, which is sometimes not the case. It can be challenging to convince juries that there was a departure from the standard of care, and for that reason, medical malpractice cases can be more difficult to settle at a mediation.
The Role of Emotional Intelligence
Mediation isn’t just about legal arguments; it’s deeply personal. Shuli emphasizes the strong emotional ties in medical malpractice cases, where patients feel betrayed by trusted healthcare providers, and doctors fear damage to their reputations and careers.
How does a mediator deal with this layer of emotion? Shuli sees mediation as people’s opportunity to have their proverbial “day in court.” She ensures plaintiffs feel heard during medical malpractice mediation, often creating a private space to share their stories. It’s cathartic because many people feel unheard, so she makes an emotional connection that is sometimes missing in cases.
For the defense, Shuli focuses on ensuring decision-makers, like insurance adjusters, fully understand case risks, overlooked details and state laws. She serves as a buffer when tensions arise between defense attorneys, clients and even out-of-state officials that represent healthcare providers.
No matter how frustrating, Shuli finds that every medical malpractice mediation is an opportunity to move the case forward, even if you can’t get the case settled. It’s an opportunity for each side to learn more about their case and see it from the other side’s perspective.
How to Choose the Right Mediator
Selecting the right mediator can significantly impact the success of resolving a medical malpractice case. Lloyd and Shuli reflect on the key considerations for choosing the right mediator:
- Understand the Case Dynamics
Be sure to tailor your choice based on the mediator’s background and a style that aligns with the case’s specific needs. For instance, a mediator with a plaintiff-focused background might connect better with plaintiffs, instilling trust and relatability. A retired judge often carries an authoritative presence that some parties find persuasive, and some clients may feel more at ease with mediators whose gender or approach matches their comfort zone.
- Evaluate the Mediator’s Style and Track Record
A mediator who adjusts their approach to suit the case, especially when emotions are high, can be invaluable. Look for someone with a reputation for continued engagement and shows they care about your case. Mediators often maintain statistics on their success rates. Consider this alongside their case history, especially when settling similar cases.
- Be Actively Involved in Mediator Selection
Lastly, don’t defer to the defense. Plaintiffs’ lawyers should take an active role in proposing mediators rather than simply reacting to defense suggestions. This ensures the choice is fair and balanced. Shuli has found many defense lawyers and adjusters request her because they believe the plaintiff side will listen more.
Mediation isn’t about showing weakness. Instead, it demonstrates strategic foresight and a commitment to the client’s best interests. By engaging in mediation, parties can navigate disputes with greater efficiency, empathy, and creativity, potentially achieving resolutions that litigation may not provide.
Listen to Shuli’s episode here and stay tuned for the next episode with our host, Lloyd Bell. “Face the Jury” is a podcast dedicated to confronting the issues involving medical malpractice in America– what it is, how to spot it and how to protect you and your family from medical negligence.