Health Care Mediation Section


Health Care Mediation Articles


Apologies and Alternative Dispute Resolution Utility in Medical Malpractice

(8/20/20)Ava Hacopian

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.

Michael Lang

I am no good at making masks, so how can I pitch in during the pandemic?

(8/14/20)Michael Lang

Is there something more I could do, as part of the human community that might make a difference?

Greg Rooney

Mediation and Covid19 Share the Same DNA: Liminality and the Adjacent Possible.

(8/14/20)Greg Rooney

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.

Roger Moss

Housing, Transforming Community in Times of COVID-19

(7/31/20)Roger Moss, Carole Conn

Conflict Intervention Service: Transforming Lives, Transforming Affordable Housing, Transforming Community in Times of COVID-19

Tim Hicks

3rd Key-Education: Include Learning in Psychology & Brain Science to Enhance Mediator Practice

(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.

Heather Kennedy

Recent Court ADA Case Review for Conflict Resolution Practitioners

(7/16/20)Heather Kennedy

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.

Hitoshi Suzuki

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Asia

(7/10/20)Hitoshi Suzuki

This series examines how the 7 continents are dealing with conflict during COVID. This one examines the view from Asia.

David Kellem

Mediators Needed in this Time Which Tries Our Souls

(7/10/20)David Kellem

I am calling upon all Professional Mediators to deploy as a powerful peacemaking force in our current national crisis.

Joanna Kalowski

The Seven Keys Conclusion: Many Paths, One Way

(7/04/20)Joanna Kalowski

The likelihood of conflict and conflicting ideologies makes effective resolution of disputes and the negotiation of sustainable deals crucially important.

The Complete Seven Keys to Unlock Mediation

(7/01/20)

The complete compilation of all 7 Keys to Unlock Mediation's Golden Age.

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: North America

(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.

Hadassah Fidler

Separation in Isolation

(6/12/20)Hadassah Fidler

The message is to socially distance ourselves from others. But what if it’s your partner you want to socially distance yourself from?

Bernard Mayer

Constructive Conflict and Strategic Disruption: A Statement from Conflict Engagement Practitioners

(6/08/20)Susanne Terry, Bernard Mayer

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."

Alberto Elisavetsky

Online Dispute Resolution (ODR): The Great Tool in Times of Pandemic

(5/29/20)Alberto Elisavetsky, Maria Victoria Marun

Those of us who have been working for many years, not only in the academic field, but also in a practical way in On Line Dispute Resolution (ODR), that we call on line or electronic, feel that in these times "the future is here ”

Lorraine Segal

The Kindness of Strangers During a Pandemic

(5/29/20)Lorraine Segal

Amidst all the pandemic grief and fear, people step up in big ways to help each other.

F. Peter Phillips

In Zoom We Trust

(5/29/20)F. Peter Phillips

My first real-life experience with pandemic-forced online dispute resolution was in early April — a baptism by fire.

Michael Lang

Surviving the Pandemic - Advice from 74 Family Experts

(5/17/20)Michael Lang

In this outstanding collection of essays, there are tips for managing disagreements, guidelines for handling children’s needs, information about finances, and even a recipe for Quarantine Cookies.

COVID-19 World Disorder and Reflection for Conflict Management with the Use of ODR Platforms

(5/17/20)Celeida Maria Celentano Laporta

A new order of social coexistence, consumption, work, family model, resulting from a revolution caused by the invisible enemy COVID-19.

David Shimoni

Post Coronavirus Dispute Resolution: To Sue or to Survive

(5/08/20)David Shimoni

The Coronavirus will be followed by a plague of lawsuits due to the inability of individuals and companies to honor contractual obligations.

John Lande

The Coronavirus Crisis Provides an Opportunity to Adopt Better Systems for Licensing Lawyers than the Bar Exam

(5/04/20)John Lande

At one point, 34 states had diploma privilege rules but then the “ABA Code of Recommended Standards for Bar Examiners stated individuals should not be admitted to practice without passing a written bar exam.”

Lorraine Segal

Impatience, Conflict, and Covid-19

(5/04/20)Lorraine Segal

Impatience can be a big contributor to conflict, and an obstacle to effective conflict resolution.

Forrest (Woody) Mosten

Mediators Are Society’s PPE for Conflict and Difficult Decisions

(4/29/20)Forrest (Woody) Mosten

As their own practices slow down, some mediators are volunteering to offer free consultations and negotiation sessions to try and find solutions and some emotional comfort for people who are riddled with anxiety and a lack of knowledge.

Patricia Porter

Verbal Self-Defense Begins with a Mindset of Compassion and Empathy

(4/24/20)Patricia Porter

What does it mean to learn the art of verbal self-defense? First, it means understanding the purpose and establishing a mindset behind this approach.

Bernard Morrow

Helping Not Hoarding

(4/24/20)Bernard Morrow

The uncertainty surrounding the coronavirus pandemic (COVID-19) has hit us all like a ton of bricks, particularly over the past week, as each day brings a new development.

Bina Patel

The Brain Under Conflict

(4/23/20)Bina Patel

Think "I Can" like it's your first day on the job, everyday.

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