How HCR's Medical Liability Mediation Alternatives (MLMA) Program Transforms the Rush Model

Rush Model

MLMA

2-4 hours 6-8 hours, sometimes two days
Physicians not present Physicians present and participate
Settlement numbers are primary focus, numbers discussed early Numbers discussed only after parties' stories interests elicited
Mediators may "put number" on case Mediators work with ranges and don't "put own number" on case
Evaluative Blends models in flexible approach facilitative moving to evaluative, if necessary, transformative at times
Option of co-mediators or retired judge Option of trained litigators, as co-mediators or single mediators, retired judge, or other professional mediator
Little focus on non-monetary remedies Creative, non-monetary remedies important as well as monetary settlements
Formal apology from institution's counsel after settlement Opportunity for personal apology from physician as well as hospital

Emphasis on human dimension of dispute

 

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