Health Care Mediation Articles
(8/20/21)Maria Victoria Marun
Much has been written about the future. However, when we read about "what will come" we see it as “something far away”.
Most disputes in litigation involve a procedural phase for the preparation and exchange of expert reports and the interrogation of the experts’ opinions.
Harvard’s PONS defined vividness bias as “…the tendency to overweight the vivid and prestigious attributes of a decision, such as a salary or an employer’s status, and underweight less impressive issues, such as location or rapport with colleagues.”
In November 2020, Mediate.com approached D.G. Mawn of the National Association for Community Mediation (NAFCM) to facilitate a national think tank regarding possible support Mediate.com may wish to consider which would strengthen and broaden the impact of community mediation through on-line access. The exact charge was: Develop best-practice recommendations for Mediate.com regarding their online services so they best support the field of community mediation to embrace and offer online mediation services and utilize and benefit from basic and ongoing online mediation training.
(7/30/21)Ronald S. Kraybill
With COVID19 cases rocketing once again, old questions return. We are all inescapably affected by the behaviors of others on this so we have to work out the answers with other people around us.
“Once a wound has healed, it cannot bleed again.”
We know a toxic culture in the workplace is bad for morale, engagement, and performance. New research evidence suggests the human costs can be far more serious.
(6/27/21)Lydia Ray, Jonathan Rodrigues
Individuals sinking in personal or professional problems may turn to a mediator; Businesses troubled with contractual and commercial disputes may appoint a mediator; Nation-states imploding in racial or communal tension may call on a mediator – and after all this giving, who does the Mediator call on in times of need?
(6/16/21)Keshia Osbourne, Bruce Ally
Anyone who’s employment situation offers them extended health is often under the mistaken notion that their policy will be triggered should a medical need arise.
This is an interview with Dr. Lesley Cook discussing the importance of understanding your neurodiverse clients in the educational, family, and workplace fields.
(4/16/21)Jakob Vinther, Thomas Todd
To understand mediation, you must examine the reason behind having a mediator.
In preparation for the next international meeting on climate change in Glasgow in November 2021, it is important to begin thinking together, not only about outcomes, but ways of improving the process of meeting, discussing, and negotiating agreements on climate change.
(2/26/21)Julian Granka Ferguson
Adversarial ethics, or the ethics of competition, are an unfortunately overlooked field of moral philosophy.
New CIPD research suggests that more than four in 10 LGBT+ employees have experienced workplace conflict in the past year.
Those who have been involved in an accident and chose to pursue their options to recovery through the legal system, often end up at mediation.
The article helps demonstrate the widespread acceptance of ADR, and mediation in particular, in the legal profession.
Collaboration is an emerging platform for economic success in law.
Never have we been more needed, and never have we needed to be more flexible.
(1/08/21)Ronald S. Kraybill
If you’re good at selective conflict avoidance, you will have a greater sense of order and control in your life.
As COVID concerns spread, conditioning from the media and celebrities talking about how everyone needed to comply with random, and often contradictory orders began to make the rounds of TV and social media.
As mediators, we are hired and trusted to come into a situation and use our best judgment and experience to deliver results in the form of durable negotiated agreements and changed behavior. In rare situations we will encounter abrasive behavior by one or more parties, and in those cases we must be prepared to shift our process to accommodate the landscape and serve the parties in the best way possible.
This article looks at using mediation to resolve post-quarantine disputes.
Biden and Harris won the election, but what exactly did they win? What was lost in the process? And, as mediators and citizens, what do we do next?
The APFM, NAFCM, MBB & ACR have joined Mediate.com's groundbreaking efforts to set America on a better path by sponsoring the "National Mediation Policy Act" (NMPA). The Act declares a national policy favoring voluntary mediation over disputes being litigated, remaining unresolved or resulting in violence.
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After trying cases for most of my career and having served as a full-time neutral for the past five years, I’m convinced mediation is the best option for resolving cases while keeping your clients’ interests in mind, particularly for health care disputes.