Global Resolutions, PLLC

Resolving Allegations Of Health Care Fraud – Does The Mediator Matter? (11/09/09)
Jerry Roscoe
Few dispute the goal of ensuring better health care through enforcement efforts and their deterrent effect. Health care fraud litigation generates much attention and significant revenues. However, litigation may be less adept at meeting the goal of improving health care delivery, at least not without significant transaction costs. To the extent that resolution of fraud allegations depends on negotiation, it is incumbent upon negotiators to be as effective as possible. Where fraud negotiations are complicated by the barriers cited above, mediation is advised.

Nebraska Supreme Court Refuses to Compel Arbitration in Nursing Home Case (11/09/09)
Victoria VanBuren
The present case comes as the U.S. Congress considers the Fairness in Nursing Home Arbitration Act of 2009. This Act would render pre-dispute arbitration clauses in nursing home contracts unenforceable.

ADR = Arbitration Done Right? (9/21/09)
Jerry Roscoe
Despite the fact that an increasing number of matters are negotiated through mediation, arbitration remains the process of choice for many commercial and contract disputes, particularly in health care disputes. Given the popularity of arbitration, one is reasonably safe in placing litigators into one of two categories: those who have arbitrated and those who will. Either category of advocate (or their client) might benefit from a quick review of ADR or, in this case, Arbitration Done Right.

Industry Responses To Medical Malpractice Reform In President Obama's Health Care Plan (9/14/09)
Holly Hayes Bovio
President Obama’s Plan on Health Care includes a provision on medical malpractice reform that instructs the Secretary of Health and Human Services to award medical malpractice demonstration grants to states funded by the Agency for Healthcare Research and Quality.

President Obama's Health Care Speech: Tort Reform Implications To Arbitration And Mediation (9/14/09)
Victoria VanBuren
President Obama’s speech to a joint session of the U.S.Congress delivered on September 9, briefly mentioned a proposal to move the medical malpractice lawsuits out of the court system and before mediators, medical expert panels, and arbitrators. Although we have not been able to find out the details of the plan –it appears that it will be announced within a month– here is what some commentators are saying about it

A Dispute Resolution Quote Of Note (9/14/09)
Diane J. Levin
Here’s something for all of us, regardless of political persuasion, to think about as America debates the big issues:

The True Motivations of Plaintiffs in Bringing Medical Injury Lawsuits (9/14/09)
Steve Mehta
Recently, I’ve been investigating the issues of the different parties perceptions in litigation and mediation. Oftentimes, you will hear phrases such as “this isn’t a lottery,” or “it’s really about the compensation to the family.” On many occasions, the attorneys for both sides will express that they believe the case is about money at the end of the day. However, during many mediations, I have felt that from the plaintiff/claimant’s perspective, it is often more about other things than the money.

How Should You Respond To The Noisy Health Reform Critics? (8/17/09)
Larry Susskind
So, what's the best advice we can give a Congressperson in such a situation? Most aren't going to get the easy ride that President Obama got in New Hampshire. Hard as he tried, he couldn't get any of the 1600 people present to challenge what he was saying. Here are five suggestions that grow out of what we have learned about facilitating public dialogue in politically charged situations:

Mediation In Healthcare (6/29/09)
Holly Hayes Bovio
A new leadership standard issued in January 2009 by The Joint Commission, the accrediting body for hospitals, addresses the development of a code of conduct that defines acceptable, disruptive, and inappropriate behaviors; and requires the creation and implementation of a process for managing disruptive and inappropriate behaviors.

Foundation Frequently Uses Mediation to Assist Seriously Ill Patients (6/15/09)
Keith Seat

A national non-profit, the Patient Advocate Foundation, relies on mediation to ensure that patients with life threatening or debilitating diseases have adequate access to care or receive other needed assistance. The Foundation’s annual Patient Data Analysis Report states that over 48,000 matters were successfully managed for patients last year using mediation or arbitration. The report noted that 93% of patients helped by the Foundation had some health insurance, but were often “underinsured” and lacked the ability to obtain the coverage needed.

PR Newswire (April 29, 2009)

Real World Interest Based Example — Heath Care Arena (5/18/09)
Joshua N. Weiss
In this podcast, Josh discusses a real world example from the Health Care arena where an interest based approach was employed and yielded wonderful results.

Mediator Facilitates Six-Month Discussion on Health Care Policy (5/13/09)
Keith Seat

Eighteen health-interest groups, including insurers, consumer advocates and hospitals, issued a report urging the government to meet the goal of all Americans having health insurance. With the help of a mediator over a six month period progress was made by the groups, which called their effort the Health Reform Dialogue, but consensus was not reached on divisive issues such as whether to mandate that all consumers must obtain health insurance. The American Federation of State, County and Municipal Employees pulled out of the talks in February and the Service Employees International Union didn’t join on the report, but the 18 groups that issued the report included large entities such as the Pharmaceutical Research and Manufacturers of American and the American Medical Association.

Bloomberg (March 27, 2009)

WHO Measures Alter Routines: New Opportunities for Conflict Management Resulting from Influenza A (H1N1) (5/10/09)
Luis Miguel Diaz
Some writers have highlighted the positive impact of the world economic crisis in the growing professional field of mediation. I want to highlight new situations to practice conflict management skills, resulting from Influenza A (H1N1).

Contextualizing Disruptive Behavior in Health Care as a Conflict Management Challenge (2/23/09)
John Ford
Disruptive physician behavior has been defined by the American Medical Association as “personal conduct, whether verbal or physical, that affects or that potentially may affect patient care negatively.” It is assumed that disruptive behavior by health care workers impacts quality of care and patient safety. How best to respond to disruptive behavior is less clear. This article explores the utility in framing disruptive behavior as a conflict management systems challenge.

The Fight Against Mandatory Pre-Dispute Civil Arbitration Goes On (2/09/09)
José Antonio García Álvaro
An unprecedented legislative fight against mandatory, pre-dispute arbitration clauses has taken a new turn as the Senate Judiciary Committee approved bill S2838, the Fairness in Nursing Home Arbitration Act. Earlier in July, the House Judiciary Committee approved HR6126, a bill with the same title.

Mandatory Med Mal Mediation Working in Illinois County (11/05/08)
Keith Seat

Mandatory mediation of medical malpractice cases in Madison County, which the Illinois Supreme Court approved in 2007 establishing the first rule of its kind in Illinois, worked as intended to settle a wrongful death case alleging inadequate care by a nursing home. The mediation rule is also considered unique by allowing parties to chose between lawyers and judges to mediate the case. In the wrongful death case, a judge was assigned in February to mediate the matter. The terms of the settlement were filed under seal and not disclosed.

The Madison - St. Clair Record (October 10, 2008)

Mediation Model Urged for Long-Term Care Facilities (8/13/08)
Keith Seat

A research report on an appropriate mediation model for long-term care facilities concluded that care could be improved by involving residents and families through mediation, but that intensive outreach is required within facilities. Many cases referred to mediation were not mediated due to barriers from lack of knowledge of potential benefits and availability. The report was published in the Journal of the American Medical Directors Association.

Health & Medicine Week (August 4, 2008) (Subscription Required)

Disclosure and Apology for Medical Errors Reduce Claims (7/02/08)
Keith Seat

Medical providers are increasingly offering earnest apologies and full disclosure of mistakes to their patients, along with fair compensation, in an effort to resolve matters promptly and avoid contentious medical malpractice litigation. Medical centers report that claims and lawsuits drop substantially when such practices are followed, and that overall costs are significantly reduced even while more patients are compensated. The American Medical Association, the American Hospital Association and other medical groups now encourage disclosure. Further, 34 states now prevent use in litigation of apologies for medical errors.

New York Times.com (May 18, 2008)

The Disclosure Movement in Medical Accident Cases (5/19/08)
Jan Frankel Schau
There was an interesting article in today's New York Times entitled, "Doctors are Beginning to Say 'I'm sorry' long before 'I'll see you in Court' which I've copied below. Although I'd heard of this "movement" on several occasions, I was struck by two pieces in the article: the first, was that the Sunday New York Times chose to feature it on the first page, as though it was news; and the second was that Presidential rivals, Hillary Clinton and Barack Obama co-sponsored a bill which would...

Shared Decision Making and Role Clarification Potentials in Medicine (4/28/08)
Jerry Green
Decision making patterns are studied according to four models that distinguish shared decisionmaking from informed consent.

Co-Mediation by Doctors and Lawyers Begun for Med Mal Mediations (4/07/08)
Keith Seat

A pilot project to pair up doctors and lawyers as co-mediators in an effort to resolve medical malpractice claims has begun at a Philadelphia suburban hospital. The productivity and healing potential of mediation is being emphasized over the possible monetary savings, as the program tries to reach better outcomes for the parties. Mediation training has begun for 30 doctors and lawyers to become mediators, which was eye-opening for many doctors who realized for the first time how hard it can be to deal productively with strong emotion and find common ground. Many of the lawyers had previous experience with mediation and are expected to take the lead initially in mediations.

Philadelphia Inquirer (March 4, 2008)

Kentucky Legislation Would Require Med Mal Mediation and Shield Apologies (3/05/08)
Keith Seat

Mandatory mediation of all lawsuits involving professional negligence claims against health care providers (defined broadly) would be required by H.B. 8, which was introduced in Kentucky on January 23, 2008. The Kentucky legislation sets forth procedures for the mandatory mediation, including timing, selection of mediators, attendance, location and submission of materials. The mediator is required to submit a report to the applicable court on the outcome of the mediation. In addition, H.B. 8 would prevent apologies for any unanticipated outcomes due to medical treatment from being admitted in any litigation or arbitration as an admission of liability or other admission against interest; however statements of fault which go beyond apology would remain admissible.

Kentucky H.B. 8

Mandatory arbitration agreements unhealthy for patients (2/19/08)
Diane J. Levin
Two different sources — one approvingly, one not — report that a growing number of doctors are asking patients to enter into agreements to arbitrate malpractice claims and waive their right to trial by jury. Both sources link to “Arbitration a growing trend in health care“, a story appearing earlier this month in the Philadelphia Inquirer: Michael Cohen was handed an arbitration agreement when he visited his longtime primary-care doctor in Bucks County. Cohen said he...

DIY Dispute Resolution: Accountability, Apology, Forgiveness and Reconciliation (1/28/08)
Victoria Pynchon
When I was mediating the resolution of litigation on my local court-annexed ADR panel, I used to help attorneys, their insurance adjusters and physician clients resolve medical malpractice cases.  Some of my most profound human interactions occurred in these mediations.  One surgeon said to me, with burning passion in his gaze, "you do not understand.  The operating room is my church."  Another told me he could not consent to the...

Mandatory Med Mal Mediation Approved for Illinois County (11/14/07)
Keith Seat

Mandatory mediation of all medical malpractice cases was approved for Madison County by the Illinois Supreme Court, establishing the first rule of its kind in Illinois. The new rule is also considered unique by allowing parties to chose between lawyers and judges to mediate the case, although a judge trained in mediation will be assigned at no cost to the parties unless all parties agree on an alternate mediator who they will compensate. All mediators are required by the rule to file a report with the court stating whether the parties mediated in “good faith.” Mediations must be completed within 90 days after the depositions of all plaintiffs and defendants.

The Madison-St. Clair Record (September 26, 2007)