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BioEthics Mediation — a new cutting edge practice area
17 February 2007I attended the NJAPM advanced civil mediation training today.
The first session was presented by Ed Bergman on Bioethics mediation. Bioethics mediation is a new cutting edge arena in which mediators are now being utilized to assist patients and physicians (and hospitals and other interested parties) negotiate and mediate treatment options.
Bioethics mediation is meant to be a consensus building process that is inclusive and empowering (particularly for patients and their family members).
Bioethics mediation differs somewhat from traditional mediation in that the mediator has a duty to ensure that any potential resolution does not fly in the face of legal or ethical norms. Ed Bergman described it as a process where the mediator is neutral (impartial really) to the parties but is not necessarily neutral as to the outcome (as to the confines described above).
The caveat, of course, is that the mediator DOES NOT advocate any specific resolution just that he/she makes sure the resolution the parties reach does not violate legal or ethical norms. One audience member described it as being akin to the mediator having “veto” power.
Surprisingly, research done on physician treatment practices indicate that physicians will often base their treatment decisions on their own morality or sense of what is right in the situation without reference to normative ethical standards. This could pose problems for patients, particularly given the paternalistic tradition of the practice of medicine.
Bioethics mediation seems to be a good entry into empowering patients to hear about their treatment options and to be able to make an informed choice (before it’s too late, e.g. litigation after the fact is often incapable of prevention but rather restitution).
It was a very interesting discussion. Some hospitals have a mediator on staff that fills this role. This raises issues of the mediator’s impartiality (if the hospital is paying salary etc.), yet anecdotal evidence indicates parties are happy with this process (even with a staff mediator).
Others such as Ed Bergman are forming independent group of mediators (who may have masters or other advanced degrees in bioethics) who can fulfill this role for hospitals and other health care facilities. Sounds like it is going to be a necessary and interesting new niche for mediators.
Have an interest in becoming a bioethic mediator specialist? Check out Ed Bergman’s group, Edward J. Bergman, JD, Director of Mediation Services, Center for Bioethics, University of Pennsylvania.
Find a niche and pursue it!
NEVER GIVE UP!
Your partner in peace,
Kristina
p.s. I’ve got a series of posts coming up to make up for my silence last week as I was busy getting my house ready to sell, writing legal briefs and mediating a case or two! More great tid bits from today’s conference and beyond… stay tuned.
p.p.s. Have you heard we are starting a mediation success group in April? Super low cost coaching group for only $99/mo. Read all about it at www.mediationcoachingclub.com. Hope you can join us, we have a few slots left but you better get your application in soon and reserve your spot. Refer a friend and get 2 months free.
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