5/14:Arbitration Fairness Act of 2013 Introduced in Congress
As discussed by the American Association for Justice, the new law seeks to end the abusive practice of so many large corporations, including nursing home conglomerates, that seek to insulate themselves from legal accountability with forced arbitration. As the AAJ summarized, the law is critically needed, because when it comes to arbitration, “The process is secretive, costly and rigged so that corporations cannot be held accountable. By removing access to justice, it grants corporations a license to steal and violate the law.” read
4/29:Stryker Hip Settlements Subject of New Mediation Order
A mediation order has been given in regard to Stryker hip lawsuits pending in New Jersey consolidation. The judge overseeing the coordination has issued the mediation order to see whether Stryker hip settlements are possible, even while the litigation process continues. read
4/24:Parents Temporarily Lose PCB Advocate as NYLPI Enters Mediation With City
Parents are losing a major advocate in their fight against toxic PCBs in the city's schools, as the leading activists are taking a temporary step back from the battle to enter mediation with the Department of Education. read
4/23:Mediator to triage health exchange problems
Sparring between Colorado’s Medicaid managers and those building the state’s new health exchange prompted an outside analyst to recommend a “third party to triage and manage the project.” A mediator from the New Jersey-based Robert Wood Johnson Foundation now will come to Colorado to help managers get the giant multi-million dollar project off the ground on time by Oct. 1 when it’s slated to open to consumers. read
4/17:Defending Against Nursing Home Arbitration Clauses in Neglect Cases
There are times when nursing home neglect attorneys can successfully challenge an arbitration clause and allow a traditional lawsuit to be brought. read
4/11:Lawsuit over Mahwah company's recalled hip implants headed for mediation
Stryker Orthopaedics and some of the 133 people suing the company will attempt to settle claims related to the Mahwah company's recalled hip implants through mediation. read
3/20:Mediating non-compete disputes in the medical device industry
The medical device industry remains a hotbed for non-compete litigation, and the reason is plain and simple. Economic justification. Sales reps develop close relationships with surgeons who purchase millions of dollars worth of medical devices each year. read
3/20:John Kitzhaber signs medical lawsuit mediation bill
Gov. John Kitzhaber signed a bill Monday creating a new process for patients, doctors and health care providers to mediate disputes over medical errors. read
3/18:Bullying Collaboration Creates Mediation Program for Families and Schools
Beaumont Children’s Hospital’s NoBLE anti-bullying program teams up with Oakland Mediation Center. read
3/17:Oregon medical error mediation bill set to become law
A bill to encourage mediation in disputes over medical errors is expected to be signed into law in what supporters say is a step — if small — in the direction of malpractice reform. read
Our task now is not to fix the blame for the past, but to fix the course for the future. John F. Kennedy
More What's New
What Women's Initiatives Need (5/21/12) Victoria Pynchon It’s not at all surprising that most women’s initiatives at most AmLaw200 law firms have been dismal failures. They failed because they lack buy-in; are often unfunded; and, no one takes them seriously.
California Legislation Would Add Legal Malpractice Exception to Strict Mediation Confidentiality Statute (5/15/12) Keith Seat
Legislation has been introduced in California to provide a narrow exception to the state’s strict mediation confidentiality statute so that clients may use communications with their own attorneys during mediation if needed to assert claims of professional negligence or misconduct against their counsel in later proceedings. This legislation follows the January 2011 decision by the California Supreme Court in Cassel v. Superior Court, which rejected the Court of Appeal’s creation of a judicial exception to the confidentiality statute, and prevented a party from using his private communications with his attorneys before and during a mediation in a later action for legal malpractice. The Court relied on the plain language of the statue and stated that any exception must come from the legislature.
Mediation or Meditation? (5/14/12) John Sturrock Much has been written about the human brain in recent times. Eolene reminded us that the brain has two components, the limbic brain, which developed as homo sapiens dealt with primitive conditions and learned the importance of fight or flight. Later, the neo-cortex, the more rational part of the brain, was formed. But the two were – and are – not united. Our emotions could still override logic, especially under pressure. We are not Mr. Spock.
Dopamine Related to Motivation? (5/07/12) Stephanie West Allen After reading books such as Psychology's Ghosts: The Crisis in the Profession and the Way Back, I am even more likely to see most research studies as, at best, clues, and clues only only in the material world. That's how I view this study written about below, but I post the news release here because I can never be reminded too often that we are each different; this study is another reminder that one size does not fit all.
Too Happy??? (4/23/12) Phyllis Pollack Science never ceases to amaze me. Now there is a study that finds that being too happy is not a good thing. According to an article in the April 2, 2012 edition of The Washington Post entitled “Too much happiness can make you unhappy, studies show”, one can be less happy by being so happy. Sounds oxymoronic to me!
The Mediator as Healer? (4/17/12) Nigel Singer I have been a mediator for years, but only recently have I been toying with the idea that my role is a healer. This is a transition for me and an ongoing process. I am working through this concept and how it affects my identity. I also wonder how it changes my approach to my clients. 1 Comment
How Important is Mindset to Conflict Resolution? (4/09/12) Stephanie West Allen What's your mindset about conflict? Those conflicts that you may be a party to and those that you work with as a conflict professional? What's your mindset about the role of a mediator? Before you answer those questions, read this good overview article about mindsets and their strong influence.
Lowering Malpractice Risk through Disclosure (3/26/12) Holly Hayes The University of Michigan Health System implemented a system to respond to patient injuries and medical malpractice claims and has “lowered its average monthly cost rates for liability, patient compensation, reserves, and non-compensation legal costs” as well as reducing “its average monthly rate of new claims from 7.03 to 4.52 claims per 100,000 patient encounters, decreased the average monthly rate of lawsuits from 2.13 to 0.75 per 100,000 patient encounters, and reduced the time between claim reporting and resolution”.
Nursing Focus on Conflict Engagement (3/12/12) Holly Hayes The American Nurse, the official publication of the American Nurses Association, published the article The Art of Engagement: Nurses, ANA work to address conflict. Here is an excerpt:
Mediate.com: A Reality Check (10/17/11) Steffi Berkowitz You are about to read an atypical article/testimony honoring two October celebrations. In truth, both are dedicated to raising awareness, promoting education and helping people understand options on a journey they did not seek. In truth, both provide a respite for determining outcomes by building knowledge and support irrespective of heart-rendering tales and underlying stories.
Mediation Helps Reduce Med Mal Litigation (9/06/11) Keith Seat
The number of medical malpractice lawsuits filed in Pennsylvania declined for the sixth year in a row, with attorneys attributing the decrease to private mediation, among other changes. The current number of med mal lawsuits is now only about half the peak in 2002.