On Their Own Terms: Why Mediation Empowers All Parties in Nursing Home Disputes

By: Raul Romaguera
Florida Supreme Court Certified Circuit Civil Mediator
Florida Supreme Court Qualified Arbitrator

Mediating nursing home cases is a crucial approach to resolving disputes that often involve sensitive and emotional issues. These cases typically arise from allegations of abuse, neglect, or other grievances related to the care of elderly residents in nursing homes. While some, if not most, families may insist to want justice, it is very important they keep in mind that justice comes down to mainly dollars and cents. Nevertheless, a mediation may allow for creative settlements that might not be possible in court. For example, a nursing home might agree to implement better staff training or safety measures as part of the resolution. Moreover, since a mediation is confidential by statute, an accompanying apology can be very important to grieving families or vulnerable individuals.

Long term care facilities always strive to do the best they can but the “something awful happened” equation is very hard to avoid especially, when dealing with residents who are sometimes very ill and/or demented. Contrary to the thought that loved ones were sent to these facilities to “keep them safe”, a facility will nevertheless eventually encounter that resident they could not keep safe. These issues are further complicated by the laws, rules and regulations imposed upon them by the State and Federal governments.

Mediation is a private process, which can help protect the reputation of the nursing home and provide a discreet resolution for all parties involved. These facilities do not want the claim or bad press that comes with them. For nursing homes, it can help avoid negative publicity and foster goodwill. For families, mediation can bring quicker closure and ensure that their loved ones’ experiences lead to positive changes. Families bringing these claims should be cognizant of the fact that while personal to them, the claim may not be to an arbitrator(s) or jury members. Mediation empowers the parties to agree to resolve the matters on their own terms.

In Florida, unless waived, presuit mediation is required by law. A presuit mediation can save time, money and may spare families from the emotional toll of a prolonged legal battle which may only lead to the same place. Likewise, the defending facility can also save time and money.

In conclusion, as with most cases, both sides have a perspective and an argument. Sometimes, neither side is entirely correct.; that’s the beauty of mediation. It’s entirely up to parties to avail themselves of this process. Otherwise, it can be entirely out of their hand.