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The Week's Best Blogging

  • Do You Tell Your Mediation Clients About Neuroscience? A Poll At Brains On Purpose
  • Trial Lawyers' Dilemma Similar To Mediation Advocates' Dilemma: Making The Initial Demand
  • Texas Supreme Court Compels Arbitration Of Employment Discrimination Claims
  • The Why’s Have It: Teaching Curiosity For Effective Negotiation And Mediation
  • 9 Year Old Mediator Could Teach Us All Something
  • Why Do You Think They Call Them "War" Stories? A Meditation On Mediation Ethics
  • Real-Time Online Video Meetings
  • To Avoid A Claim For Malpractice, California Court Says Keep Your Mediator Present At All Times
  • Intuition Or Counter-Intuition?
  • Carrie Prejean And Mediation Confidentiality
  • Ethics And Best Practices For Mediation Provider Organizations: 7 Years After Georgetown
  • Prejean, Larry King And Hard Facts Making Bad Mediation Confidentiality Law
  • The Death Of The Cookie-Cutter Mediator Is Nigh

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More What's New




Putting "Public" Back in Public Health Work (11/12/07)
Don Greenstein, Doug Thompson
Experts say chances of a deadly worldwide outbreak of pandemic flu are increasing. In order to involve the public in developing plans for how the government would react to such an outbreak, the CDC held four public meetings to hear public views about possible community control measures that could limit the outbreak. This report outlines and evaluates this award-winning project, which sought to put the "public" in public health by effectively allowing people to participate in policy development.

Diane J. Levin
Apologies can improve the health of hospital-patient relations (10/15/07)
Diane J. Levin
All Things Considered, a National Public Radio news magazine, recently aired a program on the benefits for both patients and the medical profession when hospitals find better ways to respond to medical errors and unsatisfactory patient outcomes in "Practice of Hospital Apologies Is Gaining Ground".What stands out is the reaction of one patient interviewed for the program whose doctors failed to make an early cancer diagnosis. Instead of denying responsibility for the error, the hospital's...

Charlie Hogge
The Transforming Wisdom of Beyond Reason: Using Emotions As You Negotiate - Leading to An Attitude of Gratitude (10/15/07)
Charlie Hogge
The very fine book review by Jan Frankel Schau, posted here on Mediate.com inspired me to share the following. I wrote these reflections on my Italian hospital experience on May 6, 2006 - the day after arriving home. The subject of these reflections: An Attitude of Gratitude.   1 Comment


CaliforniaSpeaks: Working Together for Better Healthcare (7/30/07)
Susan Dupre
Facilitators are needed for California's state-wide health care conversation. Thousands of Californians will come together on Saturday, August 11th, to evaluate proposals for reforming California’s health care system and send a message to state leaders about their priorities. Interactive television will link together public meetings in eight cities to create a true state-wide conversation.

Lisa Grant
Conflict Transformation - A Nurse Managers Experience Dealing With Confrontational Situations (7/27/07)
Lisa Grant
People are not always ready to deal with situations involving conflict that arise at home and in the worklace.The following article reflects on the experiences of a young inexperienced nurse dealing with confrontational situations. It follows the journey travelled in order to gain confidence and skill in conflict transformation.   2 Comments

Keith Seat
Mandatory Med Mal Mediation Expanding in Rhode Island (7/25/07)
Keith Seat

A successful pilot mediation program for medical malpractice cases in Rhode Island Superior Court is being expanded statewide and will be permanent. The program, which requires all med mal cases to go to mediation prior to trial, achieved settlement in about half its cases. Counsel for both plaintiffs and defendants support the program, especially in larger cases. In addition to saving time and money, successful mediations spare families from reliving their anguish at trial. The program also has made a difference in delays that have plagued Rhode Island, where med mal cases on average take over six years, and has reduced the need for legislative reform that many believe would harm those with legitimate claims.

Providence Business News (June 25, 2007)

Jan Frankel Schau
Private Dialogues on Public Issues (7/16/07)
Jan Frankel Schau
While on vacation last week, I saw the Michael Moore's brilliant new documentary, "SIcko". We've all been there: in the place where we've hesitated about getting needed health care until we can figure out what's covered by insurance. So why isn't America discussing this issue? I've decided it's time for mediators to take a crack at it. I've invited an elite corps of commercial and community mediators together in the Fall to begin to promote public dialogue on the health care system in...


Allotting Resources for HIV Prevention (12/12/05)
Policy Consensus Institute
When the Centers for Disease Control (CDC) announced it would distribute money to the states for HIV prevention programs, it included a pivotal condition: To a considerable degree, the amount of money a state received would depend on how well the state engaged all concerned parties in agreeing on the state’s HIV prevention plan.

Debra Gerardi
Dear Healthcare Leader (10/03/04)
Debra Gerardi
I am writing to request your help with a large project aimed at improving quality and safety within your organization. Your role in this endeavor is essential and the key criterion for success is your solid commitment to begin a new dialogue among your colleagues. The communities you serve are depending on you to take on the task of changing the culture in which healthcare services are delivered. I invite you to envision how to create healthy environments that enable patients and professionals to work together- to develop creative approaches which reduce adversarial interactions and promote collaborative care. It is time to return hope to healthcare.


Elder Mediation: New Role In Healthcare (9/20/04)
Patricia Ruflin, Patricia Bertschler
As nurses, professional caregivers, and mediators we can all regale ourselves with accounts of family conflicts that seem to reach new heights as they unfold before us. We are amazed by what people say, at their behaviors in front of strangers, and to what levels they will go to hold fast to fiercely held beliefs and positions.

Douglas Noll
Bioethical Mediation: Peacemaking and End of Life Conflicts (8/02/04)
Douglas Noll
Bioethical mediation provides a respectful way for resolving difficult medical care conflicts. It honors the interests of all of the stakeholders and seeks peace through a caring, understanding process. Bioethics mediation, although new, is another example of how positive peacemaking is finding its way into our culture, our institutions, and our daily lives.   1 Comment

Carole Houk
The Internal Neutral: Why Doesn't Your Hospital Have One? (6/11/04)
Carole Houk
The National Naval Medical Center (NNMC) in Bethesda, Maryland is the first acute health care institution in the nation to offer a full-time internal neutral for the resolution of health care issues. The data obtained thus far indicates that the presence of a well-trained and properly positioned internal neutral can be a highly cost-effective and efficient resource for resolving patient-provider conflicts.   8 Comments

Leo Hura
Applying Pre-Litigation Mediation to Internal Disputes in Pharmaceutical Construction Teams (3/22/04)
Leo Hura
Mediation is commonly utilized to settle construction disputes. However, despite the need and benefits, mediation is not currently utilized by corporate pharmaceutical teams in internal project disputes. The author views this as an opportunity for mediators to explore. The essay uses a case study from a hypothetical pharmaceutical capital project to illustrate how mediation can be utilized by corporations in avoiding capital project failures due to unresolved internal disputes. By understanding how corporate teams work and the tailoring of the mediation process mediators can provide a valuable service to their corporate clients in an area mediators already understand.   4 Comments

Pamela K. Embury
I Found A Lump, Now What? A Creative Way to Resolve Conflict With Breast Cancer Patients (1/26/04)
Pamela K. Embury
This project was developed to focus on developing a creative response to conflict for women diagnosed with breast cancer. My own experience suggested that conflict was inherent in the institutional processes and third party roles that surround this diagnosis. Since my own diagnosis in April 2002 at the age of 38, I have become consumed by research for the resolution of conflict surrounding the diagnosis of breast cancer and my own experiences have been a catalyst for this project.

Sheila K. Jennings
High Conflict & Asperger’s Syndrome (1/19/04)
Sheila K. Jennings
Where there is lengthy conflict related to separation, & where one party has Asperger’s Syndrome, we submit that the source of post-separation conflict is likely to be found predominantly in the problems generated by the neurological disability. This view is a radical departure from the literature on high conflict separation which assumes that both parties are the source of post separation conflict.   270 Comments

Debra Gerardi
The Tipping Point: Managing Conflict to Create Culture Change in Health Care (1/05/04)
Debra Gerardi
In his book, The Tipping Point, Malcolm Gladwell identifies the factors that have proven effective in creating a "social epidemic." The spread of ideas throughout society is analogized to the spread of a virus. As the awareness increases, the development of the field of health care conflict management will spread like an epidemic throughout the world. And those who are "infected" with the virus, will find themselves a part of an exciting and humanizing chapter in the historical evolution of the culture of health care.

Debra Gerardi
Conflict Management Training for Health Care Professionals (11/24/03)
Debra Gerardi
Regardless of the role of the professional; physician, nurse, administrator, manager, social worker or technician, as a group, health care professionals face more conflict and greater complexity than any other profession. Despite the challenges of balancing competing interests, philosophies, training backgrounds, the endless quest for adequate resources, and the emotional quality of the work that they do, very few health care professionals have had the opportunity to learn the skills and processes necessary for negotiating their environments.   2 Comments


ADR in Healthcare: The Last Big ADR Frontier? (11/24/03)
Rob Robson, Ginny Morrison
You are probably saying to yourself “What a strange title.” This seems especially true when you consider that dispute resolution and conflict management (DR/CM) practitioners are a fairly flexible, adaptable and imaginative group. Surely there will be lots of new “frontiers” left for us to conquer in the future?


Connecting Neurobiology and Mediation (11/03/03)
Cris Currie
Recent research in neurobiology, as summarized in Synaptic Self: How Our Brains Become Who We Are by Joseph LeDoux, has some very important implications for mediation.

Debra Gerardi
Health Care Section Editorial (August 2003) (8/04/03)
Debra Gerardi
Welcome to the Health Care Section at Mediate.com! This section is dedicated to the sharing of information, ideas, and solutions for addressing the issues faced by health care organizations and professional groups through the application of conflict management practices. Through integration of ADR principles and processes into the delivery of health services, dispute resolution professionals can foster a culture change in health care systems that will create healing environments for patients and their families and develop collaborative work environments for health care professionals.

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