Mediation now a first step in medical malpractice suits in Illinois
The Illinois Supreme Court has approved a program that forces parties involved in medical malpractice suits in two counties there to seek mediation as a first step in an effort to impede long and expensive trials. The Madison County Medical Malpractice Rule calls for mandatory mediation on all medical malpractice cases in the 3rd Circuit Court, with lawyers on both sides picking the mediator or judge on the case. The idea is for both sides to hash out an agreement without resorting to a trial. It calls for a panel of judges to review all malpractice cases and determine which ones would benefit from mediation, which would occur within 90 days after depositions of plaintiffs and defendants. A judge not involved in the case will preside over the mediation, although lawyers can also pick an outside mediator. Opinions expressed by both sides say the program would save time and also cut down on court costs and emotional distress. This malpractice rule is the first of its kind in Illinois.
