What is Mediation?
After formal charges are filed, a nurse’s case will ultimately be set for a trial before an administrative law judge. However, prior to that trial date, cases are often referred by the judge to a process called mediation.
Mediation is an excellent opportunity for both the nurse and the Board to try and come to a mutually agreed upon resolution. A mediation is not a trial. It is an informal setting in which a neutral mediator facilitates a conversation between the parties to try and work out whatever disagreements there might be regarding a proposed sanction. In certain instances, cases could be dismissed after a mediation.
Mediations can be very valuable to a nurse and having a lawyer that has experience in mediations is critical.
Structure of Mediation
Mediations are valuable to a nurse and having a lawyer with mediation experience is critical. Meditations are informal, and are typically conducted over Zoom. There are attorneys for the Board, as well as a nurse consultant assisting the Board’s counsel. On the nurse’s side, the nurse is allowed to have his or her attorneys present at the mediation.
Typically, during a mediation, a nurse gives a statement regarding their allegation. It’s an opportunity for the nurse to communicate directly to the board and explain their thinking. The nurse’s lawyer typically does not argue during a mediation. Again, a mediation is not a trial. There are times where the lawyer for the Board or the nurse consultant may ask some questions to the nurse. It is the nurse’s lawyer’s job to prepare the nurse for the mediation.
Consider Mediation
Mediations are an excellent way to avoid the costs and uncertainty of a trial. Both parties have an incentive to try and settle the case at mediation. Mediation again is a great opportunity for a nurse and should always be considered in the event formal charges are ever filed in a case.
We Have the Experience
At Texas Nursing Lawyers, we have the experience to represent you in mediation. With 50+ years of combined legal experience, our team is ready to defend your nursing license. Call (214) 384-1902 to schedule a consultation today.
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