Provide which ADR(Alternative Dispute Resolution) option would work best in all

Question

Provide which ADR(Alternative Dispute Resolution) option would work best in all of the given situations and why you feel that way. And submit.

June and Ward are the parents of two sons, Wally and Badger (you were expecting something else, weren’t you). Sadly, Badger dies while receiving treatment for a very rare blood disorder. June and Ward are devastated by the loss of their favorite son (they never really liked Wally because he hung around with friends that neither Ward nor June could stand). Ward and June are emotional wrecks following their loss and sue the hospital for medical malpractice. Unfortunately, most experts agree that the hospital didn’t do anything wrong in the care of Badger and the case doesn’t have a great monetary value. As June and Ward’s attorney, you think the case should settle rather than going to trial, but you believe your clients need an opportunity to face the hospital management to have some sort of emotional closure. What sort of ADR would you recommend and why? What are the strengths and possible weaknesses of ADR in a situation like this one and how would you advise the parties when preparing for ADR?

Explanation / Answer

The type of ADR I would recommend here is mediation. In mediation, a neutral person called mediator would listen both the sides and helps the parties to reach a mutually acceptable solution. The mediator helps the parties to communicate with each other and the control of the outcome is on both the parties. In this case Badger died while receiving treatment for a very rare blood disorder. Hence the hospital cannot be held accountable for the loss and there is less chance for winning the case if goes for trial. The hospital needs to understand the emotional distress undergone by the parents through the death of their son. A mediator would be able to communicate the same to the hospital management in a nondestructive manner and reach an acceptable solution. Negotiation will not be effective here as the hospital management is powerful than June and Ward. The method of arbitration also involves a neutral person called arbitrator but makes judgment based on arguments and evidence from each side. The arbitrator’s final decision would be binding and there is less chance to rule in favor of June and Ward due to lack of evidence that prove hospital’s role in the death.

The strength of ADR in this situation is that June and Ward can reach a win-win situation through mediation. A trial will never make judgment against hospital management as there is no evidence to show the fault. But mediation will help them to express their emotions as well to the hospital with the help of the mediator and reach a voluntary settlement. The weakness is that as the control of the outcome lies with both the parties, the hospital may disagree with June and Ward which may lead to trial.

I would advise the parties to select a mediator with good communication skill, patience and the ability to understand and communicate emotions. Both the parties should discuss their issues openly with the mediator and the details would be kept confidential. There is no need for fear as the final decision would be made only when both the parties agree on the same.

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