I was talking with a very experienced local medical malpractice attorney not too long ago about the mediation requirement for MedMal cases in DC - DC Code § 16-2821. In her experience, most mediation for MedMal cases is worthless – counsel for the parties simply call in and say that there hasn’t been discovery yet, so no way to settle. But clients who feel that they have been wronged often want some sort of acknowledgment that they have been hurt, especially medical malpractice clients. My own view is that both plaintiffs and defendants can benefit if these non-monetary goals can be met in mediation.
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