Families who have a loved one in a nursing home may wind up in a dispute with a nursing home over billing issues, care provided, services, financial matters or concerns regarding abuse or neglect. Mediation is a cost-effective alternative to filing a lawsuit against a nursing home and can provide several advantages to parties.

Mediation is often voluntarily entered into by the parties, but in some cases, a court may order it, or it may be required by the nursing home contract. The parties select an objective mediator. They can choose someone with subject matter expertise, such as someone who has contract or medical malpractice experience. Because mediation is confidential, the parties can feel free to be honest and forthright with each other because what they say cannot later be used against them in a trial if they do not reach a settlement in mediation.

Mediation is effective in the nursing home setting because it allows the plaintiff to express their concerns and feel heard during the process. Litigation makes the parties adversaries and cuts off communication. With the help of a mediator, the plaintiff can communicate their concerns. The parties brainstorm and work together to reach solutions to the problem. The mediator helps filter this communication between the parties and uses special conflict-resolution skills to enhance the communication between the parties. The mediator can also provide information to the parties that can help them be better informed about their case. For example, the mediator can point out weaknesses in the parties’ case that they had not considered or how a local judge has recently ruled on a relevant issue.

The mediator works as a facilitator between the parties. If the parties are able to reach a decision, the mediator draws up a contract between them that lay out the terms of the agreement.