apology and the law

Steven Keeva has a thought-provoking piece today at ABAJournal.com on the evolving role of apology in the law. According to Keeva, several jurisdictions have enacted laws excluding a health care provider’s apology from admissibility into evidence. These laws, and others like them, recognize that plaintiffs are often looking for something beyond monetary compensation in bringing a lawsuit. For real closure to result, there are “other things that must take place, such as being heard, finding out that someone truly does care and, in the appropriate case, a sincere and heartfelt apology.” In addition to affecting the relationship between the parties, apology also impacts the legal process by influencing “whether compensation will be determined by a relatively cooperative and speedy settlement process or through more lengthy, costly and often unpredictable litigation.”

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