In the aftermath of the COVID-19 pandemic, the question of mitigating conflicts through alternative dispute resolution methods has become more prevalent than it used to be. This has been particularly the case within the elder care sector, and specifically, nursing homes. After a year of immense strain due to COVID-19, the demand for new conflict resolution approaches in this area is palpably strong.
Under ordinary circumstances, nearly any type of lawsuit or issue can potentially be addressed at mediation. However, certain types of cases are even more well-suited to mediation or other forms of alternative dispute resolution. Nursing home claims and lawsuits are a good example. This, coupled with the unique set of challenges faced by nursing homes in the COVID era, makes a compelling case for mediation to become a primary choice for nursing home dispute resolutions.
Miles Mediation & Arbitration details the merits of this particular approach. They argue that mediation provides a more human-focused, personal, and potentially less adversarial approach to handling disputes. It provides a platform for all parties to be heard in full, rather than being restricted to the strict procedures of a courtroom.
The ability to maintain a sensitive and compassionate stance towards the parties involved, particularly the residents, can be especially beneficial in nursing home cases. Given the vulnerability and emotional sensitivity of many of these cases, a less confrontational approach can often lead to more satisfactory outcomes for everyone involved.
While some may argue that this method could be seen as diluting the pressure on nursing homes to offer quality care by potentially minimizing punitive measures, proponents argue the exact opposite. They believe that mediation can facilitate better accountability and drive changes in policy and nursing home management as parties can negotiate not just settlements, but also changes in practices.
The COVID-19 pandemic has erected unprecedented challenges and cast a harsh light on long-standing issues within the nursing home sector. As the industry moves forward, it’s clear that methods like mediation could offer an invaluable tool for addressing these issues and aiding in recovery.
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