Health Care Mediation Section


Health Care Mediation Articles


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.

L. Randolph Lowry

Interview with Randy Lowry

(10/10/16)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, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

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.

Jeanne Cleary

On the Question of a Party's Capacity to Use Mediation

(8/21/15)Jeanne Cleary

A mediator came to me for a consult with an intriguing situation while co-mediating a Harassment Prevention case in a local court. I analyze the situation in this article.

Viggo Boserup

Consolidation and Conflict in the Health Care Industry

(6/19/15)Viggo Boserup

The health care industry has experienced a significant increase in consolidations among providers of facilities and services alike. From drugs to devices to service providers, 2014 saw the largest consolidation within the health care industry in the past 20 years. - See more at: http://jamsadrblog.com/#sthash.AQhZ4CpV.dpuf

Richard Bone

Avoiding the Uncertainty of a Medical Malpractice Trial

(6/19/15)Richard Bone

Alternative dispute resolution (ADR) provides viable and attractive alternatives to jury trials as a means of resolving medical legal disputes arising out of allegations of professional negligence. The two primary alternatives to a jury trial for medical malpractice cases are mediation and binding arbitration.

Belinda Jokinen

Dissolution- Don’t let the Resolve Dissolve

(6/06/15)Belinda Jokinen

I was helping this couple, Jane and John of course, sort out the details of their divorce. The item that was the most difficult to “separate” was the china cabinet. They had invested time, and money, and both had an attachment to it. We were on our 3rd session and they had been able to remain in the same room every time. When we discussed the cabinet they got real snippy so it was time to visit with them separately.

Kenneth Cloke

Let’s Talk: Charlie Hebdo, Immigration, Terror and Prejudice -- Notes Toward a Proposal for Dialogue over Difficult and Dangerous Issues

(6/02/15)Kenneth Cloke

As wars, religious and political differences, and international problems such as global warming, environmental degradation and poverty expand their reach, importance and severity, stimulating mass migrations and deepening social tensions, we are increasingly forced to recognize that military solutions cannot succeed; that legal processes take too long to implement; and that diplomacy does not reach deep enough into the ranks of those who are drawn to violence.

Larry Susskind

Evaluating a Consensus Building Effort

(5/22/15)Larry Susskind

I worry a lot about how to evaluate the success or failure of consensus building efforts in which I get involved. When I try to convince someone in a position of responsibility to commit to consensus building, I need to tell them how they'll be able to gauge the results.

Donal O’Reardon

Conflict and Psychological Development: “Six Stages of Conflict Reasoning”

(5/01/15)Donal O’Reardon

In the 1960’s the psychologist Lawrence Kohlberg (1927-1987) listed six stages of moral development. Kohlberg says these stages can’t be jumped, you have to go through them in order. And they are universal, they apply no matter what culture you’re in. With a little thought we can link these to conflict and conflict resolution. Kohlberg’s stages don’t only tell us about a person’s moral reasoning, they also tell us what kind of conflict they get into and how we can help them to deal with it.

Don Cripe

Divorce: Emergency Tumor Removal Surgery

(5/01/15)Don Cripe

Analogizing health care with other emergent situations may be a stretch to some, but it is valid. Couples on the bumpy glide to divorce are almost always in pain; they are facing one of the most dramatic life changes they will ever experience (some social scientists liken divorce to the death of a family member); the finances of the crisis are always a concern; and life after divorce will be disrupted for an indefinite time.

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