April 7, 2017
New York Law Journal Publishes Special Report On Appellate Practice Authored By Hon. Peter B. Skelos
Alternative Dispute Resolution (ADR) has become an increasingly popular way for attorneys to manage complex healthcare malpractice litigation. Many healthcare malpractice cases have multiple parties on each side with significant claims involving wrongful death or severe and permanent injuries. Emotions often run high as one side is angered by the physical or financial injury and the other is frustrated with the challenge to his or her professional reputation.
Mediation can be an effective way to resolve healthcare malpractice claims as the parties will find that it is the ideal forum for discussing and resolving such sensitive issues. Mediation can also promote the parties' interests in keeping the matter confidential. If the parties are unable to reach an agreement at mediation, they may want to explore Arbitration as a process to resolve any remaining outstanding issues. Oftentimes parties have a disagreement as to the economic value of a claim or the apportionment of damages that would benefit from the review and final decision of an impartial arbitrator.
Healthcare Malpractice Disputes can also be Mediated and/or Arbitrated where a written agreement between the parties contains a pre-dispute contractual provision providing for either Arbitration and/or Mediation in the event of a dispute. In this instances, NAM may administer a case pursuant to its Healthcare Malpractice Dispute Resolution Rules and Procedures. These rules are designed to secure the most expeditious, private and inexpensive resolution and determination of every case, whether in law or equity. One of the underlying benefits of the Arbitration and Mediation process is the opportunity for all parties to a Healthcare Malpractice Dispute to seek redress in a forum which is expected to provide efficiency, privacy and convenience in a less formal setting to injured parties as well as physicians, dentists, hospitals and other healthcare providers.
NAM has over 1,800 hearing officers nationwide that are available to help find equitable resolutions on difficult healthcare malpractice cases. Our panelists have expertise in:
Medical Malpractice and Medical Negligence Claims
Nursing Home Abuse
Childbirth and Infant Cases
Lack of Informed consent
Brain Damage Cases
Misdiagnosis, Failure to Diagnose, or Delay in Diagnosis
NAM can provide a highly qualified panel of Neutrals within 50 miles of any location
in the United States.
NAM Neutrals are practicing specialists with a strong belief in the effectiveness and
efficiency of the arbitration and mediation process. As such, each case is taken very
seriously and the NAM Hearing Officers are very aware of the intricacies and deadlines
associated with specific types of cases.
All NAM Neutrals are independent contractors and not officers, employees or owners of
NAM. We believe this approach provides the most pristine forum by eliminating any
issues relating to how a decision will affect future case referrals from a client
that has the potential to refer more cases to the ADR provider. By design, we
avoid this potential conflict of interest.
For cases referred to NAM as a result of an existing contractual provision indicating
that the parties have agreed to use mediation or arbitration as the dispute resolution forum, please refer to the following:
For the cases in which there is no existing pre-dispute contractual arbitration provision,
but the parties have mutually agreed to use mediation or arbitration as a fair and
cost-effective forum to resolve their dispute.