There are advantages in proceeding direct to mediation, although you should bear in mind that a Mediator cannot give either party any legal advice, and must remain impartial. If agreement is reached at the mediation, I can help you to draft a simple written record of your agreement, which is usually legally enforceable.
Mediation is usually a lot less costly and time consuming than going to court, and can be less expensive than asking a lawyer to help you with your dispute. You remain in control of your dispute and any agreement you may reach.
The cost of this sort of mediation (or conciliation) is usually met in full by the health provider, rather than the patient or consumer, unlike in commercial mediation, where the cost tends to be shared between the parties. The mediation process is also generally more flexible, as it is tailored to the needs of the particular dispute and parties concerned; for instance, initial discussions can be by telephone or via home visits, and need not take place on the same date as the mediation itself.
In disputes where the amount in issue is not high, the cost of mediation can seem prohibitive, if lawyers are required to attend. In such cases, it can work better for the client to attend the mediation on their own, but with telephone access to you as their lawyer. Arrangements for the mediation can also be made direct with your client, with your permission, to save legal costs.
