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Applying Conflict Resolution Skills in Health Care PART III: Focus on Interests, Not Positions
By Victoria VanBuren - February 26, 2010
By Holly Hayes Our health care conflict resolution series began with Part I, applying the “principled negotiation” method to health care (post available here) and followed with Part II, examining a case study of “Separating the People from the Problem” (post available here). In this post, let’s take an example of a physician and a hospital group negotiating to buy the physician’s practice to see how “positional bargaining” results in failure to f
U.S. Arbitration and Mediation Legislative Update
By Victoria VanBuren - February 25, 2010
The following bills relating to alternative dispute resolution were introduced by the 111st Congress. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! Bills that passed: “An Act Making Appropriations for the Department of Defense for the Fiscal Year Ending September 30, 2010, and for Other Purposes” contains an amen
LinkedIn Post | International Commercial Mediation: only lip service?
By Victoria VanBuren - February 22, 2010
Karl came across this interesting comment by Jose Antonio Garcia Alvaro, posted at the ADR Resources Dispute Resolution and Mediation LinkedIn Group. I just received and read the 2009 statistical report of the Arbitration Institute of the Stockholm Chamber of Commerce, an institution that ranks among the best in the world according to several surveys. http://www.sccinstitute.se/filearchive/3/31104/SCC_Statistical_Report_2009.pdf As you will see,
Applying Conflict Resolution Skills in Health Care PART II: Separate the People from the Problem
By Victoria VanBuren - February 19, 2010
By Holly Hayes Last week, we started our health care conflict resolution series with applying the principled negotiation method to health care (post available here). Principled negotiation involves: Separating the people from the problem. Focusing on interests, not positions. Generating a variety of possibilities before deciding what to do. Insisting that the result be based on some objective standard. This post will focus on “separating the peop
Texas Appeals Court Finds No ‘Meeting of the Minds’ in Dispute Over Mediation Cancellation Fee
By Victoria VanBuren - February 15, 2010
[Ed. note: hat tip to our blog contributor Don Philbin.] The Fourteenth Court of Appeals of Texas held that silence does not create a contract to pay a mediation cancellation fee. In The Levin Group, PC v. Sigmon, no. 14-08-01165-CV (Tex.App.-Houston [14th Dist.] Jan. 21, 2010) the Levin Law Group, P.C. (LLG) sued Ernesto de Andre Sigmon for breach of an agreement to mediate the underlying civil lawsuit. Alan F. Levin, the principal at LLG, was h
Applying Conflict Resolution Skills in Health Care PART I: Principled Negotiation Method
By Victoria VanBuren - February 11, 2010
By Holly Hayes Difficult situations arise every day in the health care setting, between staff and patients, between staff and family members, between physicians and nurses, between staff and administration. In the national bestseller, Getting to YES, a universally applicable method for addressing conflict resolution is offered by Roger Fisher and William Ury. This post, the first in a five-part series, applies this method specifically to healthca
Free Podcast | How To Work With E-Mediation and Special Masters in E-Discovery Cases
By Victoria VanBuren - February 5, 2010
We thought that you might be interested to listen to the Podcast entitled “How To Work With E-Mediation and Special Masters in E-Discovery Cases” by Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor of this blog and Allison O’Neal Skinner from the Alabama-based law firm Sirote & Permutt. The ESIBytes™ Podcast of about 40 minutes is available here. (no PowerPoints, but free!) Peter and Allison will als
International: More on Hong Kong’s New Mediation Procedure
By Victoria VanBuren - February 3, 2010
To follow up on our earlier post, here are more details about Hong Kong’s mediation initiative: Mediation in Hong Kong December 10, 2009 By Alfred Ip, Partner at OLN and CEDR Accredited Mediator From 1st January 2010, the court will require parties to civil proceedings to consider using mediation as an alternate means to settle their dispute. The court will require the parties to justify their decision in case they refuse to attempt mediati
Mediate.com Receives Prestigious American Bar Association (ABA) Award
By Victoria VanBuren - February 1, 2010
Please join us in congratulating Mediate.com for their recent ABA Award. As readers of this blog may know, Disputing is a Mediate.com Featured Blog. Mediate.com Receives Prestigious American Bar Association (ABA) Award Eugene, Oregon – Mediate.com, the leading mediation web site in the world, has received the 2010 American Bar Association (ABA) Lawyer as Problem Solver Award. The award is for the use of “legal skills in creative, innovative
Harvard Medical, Dental, & Public Health Newsletter: Conflict Resolution in Health Care
By Victoria VanBuren - January 29, 2010
by Holly Hayes I recently read a healthcare conflict resolution article in FOCUS, the newsletter of the Harvard Medical, Dental, & Public Health Schools. The article begins with the statement, “Everyone in health care, it seems, has a war story about conflict at work.” In an annual one-week intensive immersion course, Leonard Marcus, who directs the program for Health Care Negotiation and Conflict Resolution at Harvard, and his te
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