Health Care Mediation Articles
The First U.S. Circuit Court of Appeals in Boston recently declined to enforce an arbitration clause in the Container Store’s loyalty program against blind customers.
What do garden snails, lizards and humans all have in common?
(9/24/18)Jan Frankel Schau
Follow, if you will, the mediation of a sexual harassment claim to learn the basic principles of mediation.
(9/12/18)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.
This article discusses how mediators can apply the communication skills used by Crisis Counselors to help people in crisis.
There are many keys to reaching possible agreement. The list includes, among others, discovering not incompatible interests, soothing a hurt relationship, or finding a common enemy. Uncovering a transcending vision can accelerate and amplify the coming together of contending parties. Vision helps achieve agreement.
Although our digital devices have certainly made life more convenient, they’ve also made it more fast-paced.
I follow the choroeographies and patterns of the craft we call conflict management, but every once in a while I help people really step out of the proverbial box they are in and discover (or stumble on) a peculiar new solution that seems to fit perfectly. Those are the golden moments I live for.
This is the complete interview by Robert Benjamin with Howard Gadlin, former 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.
In January 2018, the Ombudsman for the international public health agency told leadership that managers lack the interpersonal skills required for effective team communications, constructive conversations about performance, and conflict resolution.
Studies of the human response to conflict have confirmed that at the level of our body the response is the same as the human response to stress.
Working memory is like a mental sticky note, cognitive workspace for holding and processing information relevant to whatever we’re doing or about to do.
The goal of this article is to provide tools for health care employees and employers to support everyone acting with greater emotional intelligence.
From a psychological perspective, the most important problem in mediation is that people take the conflict personally and the outcome of the mediation as a reflection of who they are. This article deals with the psychology and neurobiology of this phenomenon, and how to deal with it in mediation.
Mediator Dan Berstein shares his journey to being open with his bipolar disorder, and how conflict resolution skills can help us overcome barriers to having conversations about mental health. In this profound story, learn how to get past the assumptions, paternalism, and stigma to make room for the other person's story and connect.
The practice of healthcare is demanding and stressful. Conflicts materialize in most human interactions and the medical field is no different. Actually, it might be expected. Yet there is a solution.
Crisis and hostage negotiators, as well as other law enforcement personnel, continually find themselves involved in crisis situations where the pressure is placed on him or her to peacefully resolve an incident.
(5/26/17)Michael P. Carbone
By now we should all be familiar with what "cognitive bias" is: a mistake in reasoning or decision-making that is caused by sticking to our own pre-conceived ideas based upon personal preferences or feelings.
A character in Guardians of the Galaxy 2 shows that it is often more important to understand emotions than rational thoughts.
Is your workplace a toxic environment? If there is more than one person per week out sick in your department, chances are it is.
This is a fictional story based on fact, teaching an example about mediation.
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.
Individual differences matter. To be of value, mediation has to draw on these differences to elicit how the parties make sense.
A person who has a mental illness shares some tips on things she would prefer hearing instead of "get well soon."
Click here for MORE ARTICLES
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.