It is hypothesized that mediation in either a fault-based or a no-fault environment can make claims resolution more efficient and simultaneously promote quality improvement in health care more effectively than does the litigation/settlement process.
Edward A. Dauer & Leonard J. Marcus,
Adapting Mediation to Link Resolution of Medical Malpractice Dispute with Health Care Quality Improvement,
60 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol60/iss1/8