If a client is considering professional malpractice mediation in Newport Beach CA, something has already gone wrong. He or she may dispute fees charged by a lawyer. An accountant may have made an error with income tax returns. An architect’s design may not have been as sound as once believed. While tensions may be high, professional malpractice mediation in Newport Beach CA can provide both participants with important benefits.
When a claim of professional malpractice arises, the relationship between the parties change. Rather than seeing someone as a fiduciary, confidante or advisor, the client may view the professional as an adversary. However, many issues related to professional malpractice are not based on the professional acting in some egregious manner. There may have been a misunderstanding or a miscalculation that led to the dispute in question. Mediation is the only real way that the parties have to sit down and talk through their problems. Litigation and even arbitration often result in hurling hurtful accusations back and forth.
Another important characteristic of professional malpractice mediation is that it is a confidential matter. The parties can agree to keep all aspects of the mediation process including any settlement agreement reached private. This does not only protect the professional’s reputation. It also prevents the professional from going to court and revealing otherwise confidential information about the client, something that may occur if the case proceeds with litigation.