Mandatory Mediation Program Paying Off in Rhode Island.

The Providence Business Journal reports that

A pilot mediation program started in 2005 in Superior Court has led to settlements in almost half the 70-plus medical malpractice cases it has handled so far – a success rate so high that the program is going to be made permanent and expanded statewide.

Prior to the program, such cases clogged the civil courts, with the average med mal case taking over six (6) years to resolution. When the plaintiff’s bar and consumer groups fought other reforms, Presiding Justice Rodgers set new parameters for discovery and instituted a mandatory mediation program overseen by retired Judge Richard J. Israel. In the past 2 years, the program has exceeded Justice Rodgers modest expectations, settling approximately 45 percent of the cases submitted.

Even members of the plaintiff’s bar are pleased with the results, as often times, mandatory mediation forces the defense to think critically about their case for the first time. As one local lawyer put it, without mediation, the first settlement talks might occur “on the steps of the courthouse, or after the jury was in the box, which is a wastefully late time to do it.”

Mediation also provides the plaintiff some chance at a resolution much sooner than at trial. Another member of the local plaintiff’s bar noted that while his clients do not like being “ordered” to mediation, it often “helps them resolve issues of liability and, if someone has done something wrong, holds them accountable,” all of which are essential parts of the process.

Finally, the project has shown that mediating cases saves everyone involved significant sums of money. By resolving the case early, the plaintiff’s attorneys typically spend less on expenses such as expert witnesses, medical records reviews and demonstrative exhibits. Since the plaintiff’s attorneys tend to work on contingency, they will front these expenses until a recovery is mad, which is not always guaranteed. Likewise, the defendants (more likely, their insurer) will save on expert witnesses, medical records reviews and demonstrative exhibits, but will also reduce the number of billable hours spent by defense counsel.

Based on the success of the pilot program, Justice Rodgers plans to expand the program to three other counties this fall.