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National Labor Relations Board Issues Guidelines for Employers’ Arbitration Policies

By Victoria VanBuren - July 8, 2010

On June 16, 2010, the National Labor Relations Board (NLRB) issued a Guideline Memorandum addressing the legal framework to use in employer’s mandatory arbitration policies. The Guideline Memorandum includes the following principles: (1) The concerted filing of a class action lawsuit or arbitral claim seeking to enforce employment statutes is protected by Section 7 of the Act, and if an employer threatens, disciplines or discharges an emplo

U.S. Arbitration and Mediation Legislative Update

By Victoria VanBuren - July 5, 2010

The following bills relating to alternative dispute resolution were introduced by the 111st U.S. Congress. The session will last from January 3, 2009 until January 3, 2011. 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 En

How to Disclose Adverse Events to Patients

By Holly Hayes - June 25, 2010

By Holly Hayes The May/June edition of the Physician Executive Journal (PEJ) provides a step-by-step approach for reporting adverse events to patients. The seven-step approach is based on principles used in the Program for Health Care Negotiation and Conflict Resolution at the Harvard School of Public Health. A summary of each of the seven steps recommended include: Step 1: Information gathering Prior to any meeting with the patient or family, it

AHRQ Awards $23.2m in Grants for Medical Liability Reform and Patient Safety

By Holly Hayes - June 18, 2010

By Holly Hayes The Agency for Healthcare Research and Quality (AHRQ) announced that seven demonstration grants for the Medical Liability Reform and Patient Safety initiative have been funded for a total amount of $19.7 million. Thirteen planning grants have also been funded for a total amount of $3.5 million. The grants support the implementation and evaluation of evidence-based patient safety and medical liability projects. The seven demonstrati

Texas Mediator Article: 2009 Judicial Survey on Alternative Dispute Resolution

By Victoria VanBuren - June 16, 2010

By W. Reed Leverton In August, 2009 attendees of the annual Texas Judicial Conference were surveyed regarding their attitudes as to alternative dispute resolution processes, with a particular emphasis on mediation and arbitration. The survey was prepared by members of the Alternative Dispute Resolution Section Council and undertaken under the Council’s direction. 1,547 state judges (trial and appellate) were invited to this year’s conference, 566

Where Does Mediation Fit in the Spectrum of Healthcare Conflict Resolution?

By Holly Hayes - June 4, 2010

By Holly Hayes How big is the issue of conflict in healthcare? The accrediting body for hospitals, The Joint Commission, issued standard (LD.01.03.01) in January 2009 recognizing the need to better manage conflict in the healthcare setting. The Standard states: “The governing body is ultimately accountable for the safety and quality of care, treatment, and services.” During on-site accreditation visits, The Joint Commission reviewers “score” the

Conflict Management in The Joint Commission’s Medical Staff Standard

By Jane Reister Conard - May 28, 2010

Last March The Joint Commission announced its long awaited, revised medical staff standard (MS) 01.01.01, which will replace MS 1.20. The new MS 01.01.01 becomes effective March 31, 2011, to allow facilities and medical staffs to prepare for implementation. The intent of the MS 01.01.01 is, inter alia, to establish a conflict management process in the event of a conflict between/among the medical staff, medical executive committee, and the govern

Jazz Improves Physician-Patient Communication

By Holly Hayes - May 20, 2010

By Holly Hayes The American Medical News published this week Jazz offers lessons for doctor-patient interaction. This article discusses the use of jazz music to help physicians hone their patient communication skills. Dr. Paul Haidet, president-elect of the American Academy on Communication in Healthcare says”Jazz is all about harmony in communication. When jazz musicians play, they play in a way that goes along with [how] the rest of the b

“Bad Behavior” in Health Care

By Holly Hayes - May 14, 2010

By Holly Hayes After hearing Dan O’Connell speak earlier this month, I found this on-line presentation by Dan titled, Bad behavior — preparing for and dealing with disruptive behavior by providers. Dan is a clinical psychologist who works as an educator, consultant, clinician, department chair and executive director in medical and behavioral health settings. He suggests health care organizations develop a positive, proactive statement

Operations Management Approach to Conflict in Organizations

By Holly Hayes - May 7, 2010

By Holly Hayes Last week, I had the opportunity to attend the University of Texas “Innovation in Health Care Delivery Systems: Maintaining Quality and Reducing Costs Through Management and Information Technology”. One breakout session featured Donde Plowman, Ph.d., Business Professor and Department Head from the University of Tennessee. She has recently undertaken a study to increase the relevance of health services research to leader