Hire me to mediate your toughest medical malpractice or personal injury case. I’m so confident I can get it settled that I’ll mediate with one hand tied behind my back. Hell, I’ll mediate with both hands tied behind my back! You just watch! – Paul J. Molinaro, M.D., J.D.
Author: Paul J. Molinaro, M.D., J.D.
THE DEFINITION OF A SUCCESSFUL MEDIATION
A scenario where two opposing sides both win.Sure, we often say that a successful mediation ends with both sides feeling like they did okay but could have done better. But we also know that the end result was agreed upon by the parties not forced on them, gave them autonomy, and ended the dispute without […]
TODAY’S MEDIATION TIP IS ABOUT TIMING
We all know the things we need to do to give mediation the best chance of settling our cases. We know to have our clients fully prepared for what to expect, have a solid grasp of the law and facts and what facts can be proven, and what our clients’ BATNA and WATNA are. We […]
FROM MY BOOK OF TIPS ON HOW TO KILL A MEDIATION DEAD
Start with a firm position based on what you client needs and do not change that position for anything.
FROM MY BOOK OF TIPS ON HOW TO KILL A MEDIATION DEAD
Pick the wrong mediator.
Guaranteed Cure for Lawyer Burnout!
Attorneys, Not that I am, but if you’re feeling a bit down on your choice of profession? Feeling less enthusiastic about the law than you would prefer? I have the cure! And it does not cost a dime! Volunteer to be a scorer or presiding judge for high school mock trial competitions. That’s right, just […]
MICRA 2022
Recent developments in California mediation of medical malpractice lawsuits center primarily around changes to the Medical Injury Compensation Reform Act (MICRA) and their impact on mediation practices. Key updates include the following: These changes reflect a broader trend toward encouraging mediation to resolve disputes efficiently, balancing patient compensation with healthcare system stability.
What’s New in Medical Malpractice Mediation?
These updates illustrate California’s approach to modernizing its medical malpractice framework, making mediation an even more critical tool in dispute resolution. If you’re involved in or considering mediation for a medical malpractice case, these changes could significantly impact the settlement discussions.
WHAT IS ONE MEDIATOR PET PEEVE?
Of course, this is a trick question. Good mediators do not have any pet peeves. They do not get rattled or surprised by anything that happens in a mediation. They’ve seen it all or know someone who has. So, why did I ask this question? Well, I want to make one point, and that is […]
November 2024 News from the World of Medical Malpractice Mediation
While these points aren’t explicitly tied to new legislative changes or groundbreaking decisions in mediation for medical malpractice, they collectively suggest a growing interest in alternative dispute resolution methods like mediation, alongside the ongoing challenges in its full integration into the medical malpractice legal framework. Mediation continues to be viewed as a tool for not […]
The Basic Agenda for Mediating a Personal Injury Case
The agenda for mediation in settling a personal injury lawsuit typically follows a structured process to facilitate negotiation between the involved parties. Of course, mediations should be customized for each case and the steps set forth below may not all apply. The agenda can be adjusted based on the specifics of the case, the dynamics […]
The Dual Advantage: Mediating Medical Malpractice and Personal Injury with an Attorney-Physician Mediator
Mediating Medical Malpractice and Personal Injury with an Attorney-Physician Mediator In the complex arena of medical malpractice and personal injury, the stakes are high, emotions run deep, and the technical details can be overwhelmingly intricate. Here enters the unique figure of the mediator who is both an attorney and a physician – a professional uniquely […]
Best Practices Versus Standard of Care in Medical Malpractice Cases
Abstract: This article explores the distinction between “best practices” and “standard of care” within the context of medical malpractice lawsuits. While often used interchangeably, these terms have different implications in legal settings. This research aims to clarify these differences, examine their legal significance, and discuss how they influence outcomes in malpractice litigation. ## Introduction In […]
The Advantages of Using a Dual-Qualified Mediator in Medical Malpractice Lawsuits
Abstract Medical malpractice lawsuits are complex, involving both intricate legal principles and detailed medical knowledge. Effective mediation in these cases requires an understanding of both domains, making the use of a mediator who is qualified as both a lawyer and a physician advantageous. This paper explores the benefits of engaging such dual-qualified mediators in medical […]
The Advantages of Using a Dual-Qualified Lawyer-Physician Mediator in Personal Injury Lawsuits
AbstractPersonal injury lawsuits often involve complex intersections of medical facts and legal principles. Utilizing a mediator who is both a qualified lawyer and a physician can offer a unique advantage in these cases by bringing a combined understanding of medical and legal perspectives, enhancing the process’s efficacy. This paper explores the specific benefits of such […]