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Please respond in a scholarly manner to both of your colleagues and your instructor. Make sure that you use proper grammar, word usage, and writing mechanics. In addition, make sure to properly cite and reference.
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Module Seven: Discussion – Role in Alternative Dispute Resolution and the Trial Process
Mediation
The role of a LNC during mediation is to educate and detect inaccuracies. They serve as a resource to the attorney and mediator. “When complex medical issues are introduced, the mediator sometimes needs more information on the standard of care, the medical issues in dispute, or explanation of medical terminology” (Dickinson & Meyer, 2020, p. 907). With their extensive medical background, LNCs can provide the education needed to help win a case.
Arbitration
The role of a LNC during arbitration is to “initiate the process of preparing the submission to the arbitrator(s)” (Dickinson & Meyer, 2020, p. 904). LNCs review the documents and obtain the arbitration agreement. The LNC should further review documentation and interview needed experts. They should also educate the team regarding medical issues. This will assist in determining if the arbitration document is legally binding.
Trial Consultants
The role of a LNC during trial consultants is to assist in organizing, preparing, and presenting a case. The LNC should be familiar with the jurisdictional requirements. The LNC “must also be aware of whether the attorney intends to introduce specific documents, records, or other exhibits into evidence through a particular witness” (Dickinson & Meyer, 2020, p. 926).
Jury Research
The role of a LNC during jury research is to come up with questions for the attorney to ask during jury selection. They also need to be present when the attorney asks the questions to the jurors so they can observe their reactions to the questions asked. They should keep detailed notes of the process for the attorney to have easy access for review.
Trial Preparation
The role of a LNC during trial preparation is to assist with witness preparation. The LNC should establish rapport with the witness. They need to familiarize them with courtroom procedures, communication, demeanor, and how to answer questions while on the stand. During trial preparation, the LNC can determine any inconsistencies and identify any information that can be harmful to the case. By preparing witnesses, it can create a better trial testimony.
Trial Process
The role of a LNC during trial process is to keep clear and concise records to determine any inconsistencies. The LNC “should be very familiar with the relevant medical records, can point out inaccuracies between the testimony and the medical records” (Dickinson & Meyer, 2020, p. 936). LNCs relay information to the experts and notify them of any changes such as if a case settles before they have to testify.
Post-Trial Activities
The role of a LNC during post-trial activities is to interview jurors after the trial ends. LNCs should gather information from the juror that may help in future cases. They should ask them “questions about the attorney’s presentation, including demeanor, the exhibits, or the witnesses” (Dickinson & Meyer, 2020, p. 939).
References
Dickinson, J. & Meyer, A. (Ed.). (2020). Legal Nurse Consulting Principles and Practices, (4th edition). New York: Routledge. ISBN 9780367246402
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Mediation is a way to solve legal conflicts when two or more parties are at odds and unable to settle on their own. It is held outside the courtroom and allows resolution without going in front of a judge. During mediation, LNC’s can answer questions posed by the plaintiff or defendant to assist them in understanding the nuances of the negotiations (Dickinson & Meyer, 2020). The LNC makes sure there are no miscommunications.
Arbitration is the process for resolution without going in the court room. Arbitration may be voluntary, required by dispute settlement provision in a contract between the parties, or mandated by statue or court order (Dickinson & Meyer, 2020). The LNC interacts with medical experts with interviewing them and making sure they understand their testimony.
Trial Consultants provide assistance during the jury selection. The LNC plays a crucial role in jury selection, because nurses are trained to observe details (Dickinson & Meyer, 2020). They observe the reactions of potential jurors when they are asked questions and to make sure their responses fit the profile of the case. All responses are kept in a notebook if needed by the attorney during the case.
Jury Research is used by the attorneys for an understanding of the jurors. The attorneys hope to gain an understanding of courtroom experience for the jurors and how they determine guilt/innocence. The LNC assist the attorneys with research through observation and reaction of the jurors when asked questions.
Trial Preparation is also referred as the discovery process. Discovery is defined as , “The act or process of finding or learning something that was previously unknown” (Garner, 2014, p. 564). Legal nurse consultants possess extensive knowledge and may work in broad spectrum of legal environments, making it a formidable task to present work samples in legal settings (Dickinson & Meyer, 2020).
Trial Process includes the opening statements, presenting the evidence of both parties, closing arguments, and the jury’s verdict. The LNC should have reviewed medical records, case facts, opposing experts opinions, and relevant deposition testimony (Dickinson & Meyer, 2020). All discussions are reviewed, strengths and weaknesses, and experts theories.
Post-Trial Activities includes jury interviews. The LNC is less intimidating and more approachable to the jurors. Juror interviews can provide constructive feedback for the legal team for future cases. Bill of costs are supplied for services that are incurred. Post trial motions or appeals are processed. They are ruled by the judge that performs the trial.
Garner, B. (Ed.). (2014). Black’s Law Dictionary (10th ed.). St Paul, MN: Thomas Reuters.
Dickinson, J. & Meyer, A. (Ed.). (2020). Legal Nurse Consulting Principles and Practices, (4th edition). New York: Routledge.
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