Mediation Services in Medical & Insurance Law
Why mediation?
Mediation is a confidential, voluntary, and structured process where parties, not judges, make the decisions. In emotionally and technically complex cases like medical negligence and insurance disputes, it creates space for understanding, being heard, and resolution.
Mediation is not about blame or punishment. It is about communication, closure, and creative problem-solving. And in medical law, where communication breakdown is often the root cause of conflict, it can transform not only the outcome but the experience.
“I realized that the true function of the lawyer was to unite parties riven asunder… I lost nothing thereby — not even money, certainly not my soul.”
— Mahatma Gandhi, after persuading two litigants to settle their differences
What makes mediation different?
| CRITERIA | MEDIATION | LITIGATION / ARBITRATION |
| Cost | Low | High |
| Time | Weeks or months | Often several years |
| Who decides? | The parties | A judge or arbitrator |
| Relationship impact | Low conflict, collaborative | High conflict, adversarial |
| Confidential? | Completely private & without prejudice | Public record |
| Stress level | Lower; controlled space | High; rigid and adversarial |
| Outcome | Mutually agreed | Imposed by court |
| Creative solutions? | Unlimited | Limited |
Two ways we can help with mediation
At Lanser Sutherland Inc. we offer two distinct mediation pathways:
1. Romany Sutherland as your neutral mediator
Romany Sutherland is available for appointment as a neutral, qualified mediator in medical and insurance law matters.
With over 20years of litigation experience representing both plaintiffs and defendants, she understands the technical, emotional, and evidentiary issues unique to:
- Medical negligence disputes
- Cerebral palsy and birth injury cases (both liability and quantum)
- Insurance denials (disability, life, funeral, retrenchment)
- Wrongful pregnancy / wrongful birth claims
- Medical aid disputes and prescribed minimum benefit (PMB) cases
- Multi-party healthcare disputes
Qualifications & accreditation:
- Accredited mediator through Mediation in Motion / University of Cape Town
- Listed with a Recognised Mediation Organisation (RMO) in line with the Gauteng High Court’s Mediation Protocol and Rule 41A
- Over 20 years of specialist medical and insurance law experience
Romany brings a rare combination of clinical knowledge (nursing background), legal expertise, and genuine empathy to the mediation table. She understands the medicine, the law, and the human cost of these disputes.
2. Preparing our clients for mediation
If you are a claimant or legal practitioner who wishes to resolve your case via mediation, whether court-annexed or voluntary, we can help you:
✅ Understand the mediation process and benefits
We explain how mediation works, what to expect, and how it differs from litigation or arbitration.
✅ Draft or respond to a Rule 41A Notice
We prepare the necessary documentation to initiate or respond to court-annexed mediation.
✅ Choose a suitable mediator
We help you identify and appoint a mediator with the right expertise and approach for your dispute.
✅ Prepare evidence, documents, and joint minutes
We collate medical records, expert reports, and supporting evidence, and work with the other side to prepare joint minutes for the mediator.
✅ Attend the session with clear strategy and support
We develop a mediation strategy, prepare opening statements, and attend the session with you to negotiate effectively.
✅ Finalise and file the Mediator’s Report
If settlement is reached, we ensure the agreement is properly documented, signed, and—where appropriate—made an Order of Court.
What happens in mediation?
Pre-mediation
Expectations are managed in terms of what to expect and how the process will unfold
Parties sign an Agreement to Mediate setting out confidentiality, without-prejudice status, and ground rules
The mediator prepares by reviewing your matter, medical records, expert reports, and legal issues
You may submit written summaries or documents to help the mediator understand the dispute
Mediation day
Joint session (optional)
The mediation may begin with all parties in the same room, where:
The mediator explains the process and sets ground rules
Each party has an opportunity to briefly state their position
The mediator identifies common ground and key issues
Separate private sessions (caucuses)
The mediator then meets with each party separately to:
Explore interests, concerns, and priorities
Reality-test positions and assess strengths and weaknesses
Convey proposals and counter-proposals between the parties
Help parties explore creative solutions
The mediator acts as a neutral facilitator, not a judge. Their role is to help parties communicate, understand each other’s perspectives, and find mutually acceptable outcomes.
After mediation
If agreement is reached:
The settlement is reduced to writing and signed by all parties
It becomes a binding contract
It can be made an Order of Court (making it enforceable like a court judgment)
The Mediator’s Report is filed with the court (if court-annexed mediation)
If agreement is not reached:
Issues are clarified for trial
Parties may have a better understanding of each other’s positions
The door remains open for later resolution (many cases settle after mediation, even if not on the day)
Everything discussed in mediation remains confidential and without prejudice
Mediation and the courts: Rule 41A
In jurisdictions like Gauteng, court-annexed mediation under Rule 41A is now a procedural step before trial. The Gauteng Mediation Protocol (April 2025) empowers parties to:
Avoid long delays in trial allocations
Mediation can resolve cases in weeks or months, while waiting for a trial date can take years.
Reduce costs and emotional toll
Mediation costs a fraction of what full litigation costs, and avoids the stress and uncertainty of trial.
Demonstrate good faith and reasonableness to the court
Courts look favorably on parties who genuinely attempt to resolve disputes through mediation.
As a Qualified Mediator listed with an RMO, Romany can conduct mediations that are fully compliant with Rule 41A and the Gauteng Protocol, including preparation of the Mediator’s Report and Joint Minute.
Why choose mediation?
Control and certainty
In litigation, a judge decides your fate. In mediation, you control the outcome. You can craft creative solutions that a court could never impose—payment plans, structured settlements, apologies, changes to medical practices, ongoing care arrangements.
Confidentiality
Mediation is completely private and without prejudice. What is said in mediation stays in mediation. This allows parties to speak freely, explore options, and make concessions without fear that it will be used against them later.
Speed and cost
Mediation can resolve disputes in weeks or months, at a fraction of the cost of litigation. There are no lengthy pleadings, discovery, expert depositions, or trial preparation. Just focused dialogue aimed at resolution.
Preservation of relationships
In medical negligence cases, families often want answers, accountability, and assurance that others won’t be harmed, not necessarily a protracted legal battle. Mediation creates space for these conversations in a way that litigation never can.
Emotional closure
Litigation is adversarial and re-traumatizing. Mediation, when done well, can provide a sense of being heard, validated, and respected—even if the outcome isn’t perfect.
Common questions
When is mediation appropriate?
Mediation works best when:
✅ Both parties are willing to engage in good faith
✅ There is some room for negotiation (not all-or-nothing positions)
✅ The parties want to avoid the cost, delay, and stress of litigation
✅ Relationships matter (e.g., ongoing care relationships, family disputes)
✅ Creative solutions are possible (not just money)
✅ Confidentiality is important
Mediation may be less suitable when:
❌ One party refuses to engage or acts in bad faith
❌ There is a fundamental legal issue that needs a court ruling
❌
❌ One party needs the public accountability of a court judgment
That said, even in difficult cases, mediation can narrow issues, clarify positions, and pave the way for eventual settlement.
Is mediation legally binding?
Yes, if a settlement is reached and reduced to writing and signed by all parties. It becomes a binding contract. It can also be made an Order of Court, giving it the force of a court judgment.
What if we don't reach agreement?
Mediation is without prejudice, meaning nothing said in mediation can be used against you in court. You remain free to litigate. Many cases settle after mediation, even if not on the day itself.
How long does mediation take?
A typical mediation session lasts half a day to a full day. Complex cases may require multiple sessions. From start to finish, mediation usually takes weeks or months, compared to years for litigation.
How much does mediation cost?
Mediator fees vary based on complexity and seniority. Romany’s fee schedule is available on request. Even with mediator fees, mediation costs a fraction of what litigation costs in expert fees, court costs, and attorney time.
Can I bring my lawyer to mediation?
Yes. In fact, we strongly recommend that parties be legally represented at mediation, especially in medical negligence and insurance disputes where legal and technical issues are complex.
Is mediation confidential?
Yes. Everything discussed in mediation is confidential and without prejudice. The mediator cannot be called as a witness. Parties sign a confidentiality agreement at the start.
Ready to explore mediation?
If you have suffered damages / loss due to medical negligence, if your insurance claim has been wrongly declined, or if you need a qualified mediator for a complex healthcare dispute, we’re here to help.