Health Care Mediation Articles
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.
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.
Promoting the Mediators Green Pledge is now the purpose of a new WoMACC site. It seems to be one way to commit to our future. I invite you to sign up to the Green Pledge and to promote it to those you know and work with.
This article addresses internal and external skills for mediators to use during this time of Covid-19, to raise awareness of internal biases, and shift those biases in order to skillfully mediate for our clients.
As part of our special series for Conflict Resolution Month this October, this is our second article where we have highlighted the following research institutes and think tanks across the world.
Examines the outcome of the CJEU’s decision known as Schrems II from the perspective of mediation service providers and mediators. Proposes practical steps in which the results of Schrems II may be addressed. Reviews the emerging responses of Data Protection Authorities in Europe and the USA.
As more mediators practice via Zoom and experience Zoom fatigue, they are discovering something about themselves.
The term “microaggression” was coined in the 1970s by Dr. Chester Pierce who is a psychiatrist, and refers to “subtle, stunning, often automatic, and nonverbal exchanges which are ‘put downs’ of Black people and members of other minority groups; ‘micro’ refers to their routine frequency, not the scale of their impact.” (Id.)
Employee contracts, which were rarely straightforward before the pandemic, are particularly complicated now.
(8/24/20)Andrea Maia, Gregg Relyea
This article discusses the "Community Spread" of Mediation in a Post COVID-19 World.
Divorce or separation is a big challenge in itself.
(8/20/20)Lucia Kanter St. Amour
This Primer in Neuroscience, Emotions and how they impact decision-making, along with understanding the myth of rationality, can help mediators navigate difficult moments in mediation and steer parties towards a productive path.
Apologies for medical errors and poor medical outcomes are typically omitted from the practice of medicine in the classic tort malpractice approach to managing communication to the detriment of injured patients.
Is there something more I could do, as part of the human community that might make a difference?
The facilitative/ humanistic mediator has a more ambitious goal through the process of containing the parties in a supporting common space until the adjacent door opens to reveal a path forward.
(7/31/20)Roger Moss, Carole Conn
Conflict Intervention Service: Transforming Lives, Transforming Affordable Housing, Transforming Community in Times of COVID-19
(7/25/20)Tim Hicks, John Sturrock
Fundamentally, mediators work with people’s psychologies and identities, their worldviews and self-views - everything that makes up what it is to be a human being.
This paper discusses the emphasis of Alternate Dispute Resolution in the field of ADA and Disability Discrimination and then provides a more detailed review of recent Title I and Title III cases.
This series examines how the 7 continents are dealing with conflict during COVID. This one examines the view from Asia.
I am calling upon all Professional Mediators to deploy as a powerful peacemaking force in our current national crisis.
The likelihood of conflict and conflicting ideologies makes effective resolution of disputes and the negotiation of sustainable deals crucially important.
The complete compilation of all 7 Keys to Unlock Mediation's Golden Age.
(6/22/20)Gregg Relyea, Kenneth Cloke
This article series includes viewpoints on the current state of conflict resolution from all 7 continents. This article focuses on North America.
The message is to socially distance ourselves from others. But what if it’s your partner you want to socially distance yourself from?
(6/08/20)Susanne Terry, Bernard Mayer
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Over the last week, a group of conflict engagement practitioners have created a statement of intent regarding racism. The idea started with Susanne Terry who, with Bernie Mayer and input from a number of other interested persons, created, "Constructive Conflict and Strategic Disruption: A Statement from Conflict Engagement Practitioners."