Health Care Mediation Section


Health Care Mediation Articles


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.

Viggo Boserup

The Managed Mediation of a Payor-Provider Health Care Dispute

(3/21/15)Viggo Boserup

Typically, more than 95 percent of mediations are initiated by one or two parties who agreed on a mediator, scheduled the mediation, filed a brief and showed up at the mediation session. The mediation session is often the first time the parties discuss the issues with the mediator or each other.

Beth Graham

Federal Judge Orders Sugar Land Nursing Home Visitation Dispute to Mediation

(2/20/15)Beth Graham

A Sugar Land nursing home dispute that arose after an elderly resident’s family was banned from a long-term care facility over a number of social media posts has reportedly been ordered to mediation. According to a complaint filed in the Southern District of Texas, Silverado Senior Living barred a woman’s two sons and daughter-in-law from the premises after the individuals refused to remove several photos and videos of their mother at the facility from their social media accounts.

Howard Gadlin

Truths in Advertising

(1/26/15)Howard Gadlin

Several times in the course of my life I’ve been involved with a cohort of people who envisioned themselves as a possible vanguard of fundamental social change even while they were pursuing professional careers In fact, many of the early mediation practitioners were also veterans of civil rights and anti-war activities who were drawn to ADR as an alternative path to justice, equality, and social change.

David Horsager

Building Trust in Volatile Situations

(12/26/14)David Horsager

The recent "Siege in Sydney" provided me with the chance to consider how the Trust Edge illustrates a workable approach even in the most volatile, life-threatening and unpredictable situations.

Richard Barbieri

Fear Comes to School: Mediating Among Parents Around Ebola

(11/21/14)Richard Barbieri

As medical personnel, emergency aid workers, and diplomatic personnel return to the U.S. from West Africa, schools must manage tensions between local families who are fearful for their own children, and parents who have been at the front lines attempting to stem the epidemic. What mediator strategies may prove useful?

Chris Poole

$1B Settlement Reached in Stryker Hip Implant Mass Tort

(11/14/14)Chris Poole

Thousands of plaintiffs in New Jersey and around the country who had surgery to remove failed hip implants settled their claims November 3 in a deal that is expected to pay out more than $1 billion. It was reached after four months of negotiations with Stryker mediated by retired U.S. Magistrate Judge Diane Welsh, a JAMS mediator based in Philadelphia.

Sarah Peyton

Compassion for Your Clients

(10/13/14)Sarah Peyton

One surprising way to think about trauma is not by measuring the magnitude of the horrific event, but rather by measuring the extent to which the person who experiences the tragedy is left alone with it. This article provides a useful reminder that we can never understand the pain that our clients have encountered, and that we might be providing one of the only safe places in their life for them to discuss what they are going through.

Chris Poole

Experts Predict ADR Will Help Resolve ACA Claims

(9/26/14)Chris Poole

The use of ADR to resolve healthcare-related claims will increase with the implementation of the Patient Protection and Affordable Care Act (ACA). Experts predict the increase will stem from the need to reduce costs as well as the healthcare groups that will bring new disputes for resolution.

Stephanie West Allen

Seven Challenges When Using the Neuroscience Lens to See the World

(9/02/14)Stephanie West Allen

Over the years, I have learned that people reading this blog come from a wide range of belief systems, including atheist, agnostic, and those involved to large or small degree in various spiritual and religious practices. Although this blog post to which I am linking today is written by a Christian and part of the post is from a Christian perspective, I think anyone can learn from this article.

Martin Svatos

When the Mediators Pay the Highest Price

(8/22/14)Martin Svatos

Recent development in the Near East reminds how long and disastrous the Arabic-Israeli conflict is. Unfortunately, it has already claimed thousands of victims and every one of these tragedies could narrate a specific and sad story. One among them is especially important to be commemorated since it recounts a life and work of the first UN mediator who had saved thousands of prisoners in the Second World War and who was later killed carrying out his duties.

Phyllis Pollack

Which System Is In Control?

(7/26/14)Phyllis Pollack

In his bestselling book, Thinking Fast and Slow, Daniel Kahneman (Farrar, Straus and Giroux, New York, 2011) notes that our brains contain two systems of thought: System 1 which "... operates automatically and quickly, with little or no effort and no sense of voluntary control" (Id. at 20) and System 2 which "...allocates attention to the effortful mental activities that demand it, including complex computations...." (Id. at 21.)

Jason Dykstra

Rewriting Your Conflict Story

(7/11/14)Jason Dykstra

During recess in elementary school, I was playing pickle with some friends at the side of a baseball diamond. We were in our own little world; trapping people between the bases, faking out the runners, diving to tag our friends so that we could switch spots. We were having a great time until . . .

Katherine Graham

Mental Health and Mediation Infographic

(6/20/14)Katherine Graham

Following on from our recent article questioning if mental health and mediation are always the right process we have followed up with a visual infographic to illustrate these points.

Beth Graham

U.S. Supreme Court Asked to Consider Scope of Nursing Home Arbitration Agreements

(6/20/14)Beth Graham

The United States Supreme Court was recently asked to consider whether an arbitration agreement precludes a wrongful death claim in a nursing home dispute. In Pisano v. Extendicare, the heirs of a man who passed away in 2011 while in the care of a Pennsylvania nursing home filed a lawsuit against the facility seeking damages for his alleged personal injuries and wrongful death. When the man was initially admitted to the skilled nursing facility, however, his daughter signed an agreement to arbitrate any future disputes with the institution.

Jerry Green

Three Distinct Embodied Languages

(6/18/14)Jerry Green

As a mediator, I am often in the middle of tense situations. Through Aikido, I have learned to be aware of how that tension affects me physically and to prevent it from spilling into the mediation room.

Click here for MORE ARTICLES