Health Care Mediation Section


Health Care Mediation Articles


L. Randolph Lowry

Interview with Randy Lowry

(9/10/17)L. Randolph Lowry

This is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus Institute for Dispute Resolution at Pepperdine.

Melanie Frizzell

The Role of Emotional Intelligence in HealthCare: Bridging the Gaps of Communication

(9/01/17)Melanie Frizzell

The goal of this article is to provide tools for health care employees and employers to support everyone acting with greater emotional intelligence.

Elizabeth Bader

The Psychology and Neurobiology of Mediation

(8/11/17)Elizabeth Bader

From a psychological perspective, the most important problem in mediation is that people take the conflict personally and the outcome of the mediation as a reflection of who they are. This article deals with the psychology and neurobiology of this phenomenon, and how to deal with it in mediation.

Dan Berstein

How to Talk About Mental Health Without Offending Everyone - TEDx

(8/11/17)Dan Berstein

Mediator Dan Berstein shares his journey to being open with his bipolar disorder, and how conflict resolution skills can help us overcome barriers to having conversations about mental health. In this profound story, learn how to get past the assumptions, paternalism, and stigma to make room for the other person's story and connect.

Michael Toebe

Mediating Disputes for Effective Healthcare Relationship Firefighting

(6/30/17)Michael Toebe

The practice of healthcare is demanding and stressful. Conflicts materialize in most human interactions and the medical field is no different. Actually, it might be expected. Yet there is a solution.

Jeff Thompson

The Effective Crisis Communicator: Prepare Like a Navy SEAL

(6/02/17)Jeff Thompson

Crisis and hostage negotiators, as well as other law enforcement personnel, continually find themselves involved in crisis situations where the pressure is placed on him or her to peacefully resolve an incident.

Michael P. Carbone

Cognitive Bias Revisited

(5/26/17)Michael P. Carbone

By now we should all be familiar with what "cognitive bias" is: a mistake in reasoning or decision-making that is caused by sticking to our own pre-conceived ideas based upon personal preferences or feelings.

Joe Markowitz

Reading Emotions

(5/26/17)Joe Markowitz

A character in Guardians of the Galaxy 2 shows that it is often more important to understand emotions than rational thoughts.

Jacqueline Burnett-Brown

Toxic School Environments Make Teachers Sick

(5/22/17)Jacqueline Burnett-Brown

Is your workplace a toxic environment? If there is more than one person per week out sick in your department, chances are it is.

Howard Gadlin

Interview with Howard Gadlin

(5/04/17)Howard Gadlin

This is the complete interview by Robert Benjamin with Howard Gadlin, Ombudsman and Director of the Center for Cooperative Resolution at the National Institutes of Health since 1999, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Gregg Relyea

Mediating in the Shadow of Faith: Personal Beliefs, The BATNA Analysis, and Dealmaking

(4/21/17)Gregg Relyea

This is a fictional story based on fact, teaching an example about mediation.

Jeff Windsor

Creating Chemistry in Mediation

(3/28/17)Jeff Windsor

To begin to establish trust with parties and counsel, and help them feel at ease throughout the process, a mediator may want to remember the neurochemistry and cognitive functions that apply. These simple techniques may assist in reaching the tipping point in bringing about a resolution.

Camaron Thomas

What I Learned from Studying Neuroscience about the Future of Mediation

(1/20/17)Camaron Thomas

Individual differences matter. To be of value, mediation has to draw on these differences to elicit how the parties make sense.

Jeff Thompson

Instead of Saying...

(11/04/16)Jeff Thompson

A person who has a mental illness shares some tips on things she would prefer hearing instead of "get well soon."

Bernard Morrow

The Mindful Mediator

(10/28/16)Bernard Morrow

I have written in the past about how “being present” (or, in the moment) is the single-most important ingredient I bring to a mediation.

Beth Graham

Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements

(10/07/16)Beth Graham

Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements.

Althea Halchuck

Hospice and Conflict Resolution

(9/23/16)Althea Halchuck

Conflict can touch anyone, at any time of life. In this article, I talk about end-of-life conflict, specifically those disputes related to hospice. I explore who is involved, why disputes arise, and reasons they are hard to resolve. I also speak about the importance of having a mediator as part of the hospice team.

Dan Simon

Miscommunication: A Symptom, Not Just a Cause

(8/19/16)Dan Simon

The communication problems that happen in the mediation session might be symptoms of the conflict.

Beth Graham

Dallas COA Compels Arbitration in Injured Nurse’s Lawsuit Against Former Employer

(7/15/16)Beth Graham

Texas’ Fifth District Court of Appeals in Dallas has ordered an injured nurse’s lawsuit filed against his former employer to arbitration.

Phyllis Pollack

Risk Taking: It is a Matter of Biology.

(5/27/16)Phyllis Pollack

Are you a risk taker? Or, are you a risk averter?

Dan Simon

Surgeons’ Apologies Decrease Lawsuits: How Can that be News?

(5/06/16)Dan Simon

I read an article on CNN that explains that when surgeons and other medical providers apologize after they’ve made a mistake, people are less likely to sue. What I found hard to swallow was that the story was considered newsworthy.

Beth Graham

Texas Supreme Court Will Not Review Case Where Post-Arbitration Discovery Ordered Due to Neutral’s Alleged Evident Partiality

(1/29/16)Beth Graham

The Supreme Court of Texas has denied a party’s request to review the Dallas Appeals Court’s decision allowing post-arbitration discovery in a case that was filed by an injured worker.

Jill Gross

SCOTUS Denies Cert in Nursing Home Arbitration Case

(1/15/16)Jill Gross

On Monday, the Supreme Court declined to review a decision of the Supreme Court of Texas that enforced a pre-dispute arbitration clause in an agreement a patient signed with a nursing home pre-admission. After the patient died, her family sued the nursing home in state court alleging negligent care and wrongful death.

Michael A. Zeytoonian

Do You Have Your Primary Care Lawyer?

(12/04/15)Michael A. Zeytoonian

Most people have a primary care physician. But people and small businesses don’t often have a primary care lawyer.

Jeff Thompson

Crisis Negotiation: From Suicide to Terrorism Intervention

(8/28/15)Jeff Thompson

This is a snippet from a chapter which uses an account of a real-life crisis negotiation to explore what is know about these high-stakes, emotion-fueled interactions. We begin by reviewing literature relevant to four different interaction periods within the case: first impressions and the verbal and nonverbal factors that effect initial exchanges; rapport development and the communicative skills that facilitate information gathering; sensemaking and the frameworks that help negotiators understand the motivations of their interlocutor; and, influence strategies and their impact on moving a perpetrator from antagonism to cooperation.

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