Karl Bayer's Disputing Blog

Health Care Mediation Lacks Physician Participation

By Holly Hayes - December 17, 2010

by Holly Hayes This week, a Wall Street Journal Health Blog headline stated, “Big Challenge for Mediation in Medical Malpractice: Doctor Participation.” The post discussed a study published in the Journal of Health Politics, Policy and Law which reviewed 31 cases from New York City non-profit hospitals. The study found that although mediation in a medical malpractice context has potential benefits, no physicians participated in the ca

MCLE | Alternative Dispute Resolution Course 2011

By Beth Graham - December 16, 2010

Mark your calendars! The Texas Bar CLE presents the Alternative Dispute Resolution Course 2011, Tactical Interventions in Mediation: Preventing Bad Settlement Decisions and Impasse Minute By Minute, cosponsored by The Alternative Dispute Resolution Section of the State Bar of Texas. The live conference will take place in Houston on January 28, 2011. A video conference will be available in San Antonio on March 4, 2011. Discussion topics will inclu

Article | Mediation: The “New Arbitration”

By Beth Graham - December 14, 2010

Jacqueline M. Nolan-Haley, Professor of Law and Director of the ADR and Conflict Resolution Program at Fordham University School of Law, has written an interesting article entitled Mediation: The “New Arbitration,” 17 Harvard Negotiation Law Review, Forthcoming; Fordham Law Legal Studies Research Paper No. 1713928. In the article, Professor Nolan-Haley argues that the boundaries between mediation and arbitration have become increasingly blurred a

Medical Malpractice & Electronic Health Records (EHRs)

By Holly Hayes - December 10, 2010

by Holly Hayes An article in the November 18, 2010 issue of the New England Journal of Medicine (NEJM) explores “Medical Malpractice Liability in the Age of Electronic Health Records.” The Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 authorized an estimated $14 billion to $27 billion to promote “meaningful use” of electronic health records (EHRs) by clinical providers. The authors of the article

TJC Medical Staff Standard to Take Effect April 1, 2011

By Holly Hayes - December 3, 2010

by Holly Hayes The American Hospital Association (AHA) and the American Medical Association (AMA) sent a letter to hospital CEOs and medical staff presidents in November to remind them that The Joint Commission’s (TJC) recent revisions to hospital accreditation Standard MS.01.01.01 (formerly MS.1.20) will take effect April 1, 2011. The new standard is “designed to contribute to patient safety and quality of care through the support of

Cull and Cull v. Perry Homes – the Saga Continues

By Beth Graham - December 2, 2010

Last week, a second round of mediation was ordered in Cull and Cull v. Perry Homes. The ten-year-old dispute has already been the subject of an arbitration, a trial and a court-ordered mediation. Briefly, here are the facts of the case: In 1996, the Culls purchased a house from builder Perry Homes. After problems with the foundation and construction caused the appraised value of their house to plummet from more than $233,000 to $41,000 in only a

District of Columbia Adopts Foreclosure Mediation Process

By Beth Graham - November 22, 2010

Another United States jurisdiction has adopted a mediation process to address the ongoing foreclosure crisis. The District of Columbia (D.C.) Council approved the “Saving D.C. Homes from Foreclosure Act of 2010,” earlier this month. The measure requires lenders to participate in six months of mediation with a homeowner prior to foreclosure. According to the Washington Post: Mediation allows the borrower and the lender’s representative to ne

GUEST BLOG: Current Issues in eDiscovery & ADR

By Beth Graham - November 19, 2010

by Peter S. Vogel Michael Geigerman was the Moderator for a half seminar at the Washington University School of Law regarding complexities created by eDiscovery and Social Media on October 29, 2010. Mr. Geigerman is a full-time Mediator in St. Louis, the Managing Director of United States Arbitration & Mediation Midwest, Inc. (USA&M Midwest Inc.), and is an Adjunct Professor at the Washington University School of Law where he runs the ABA

Innovation Center Launched by CMS

By Holly Hayes - November 18, 2010

by Holly Hayes On November 17, 2010, the Centers for Medicare & Medicaid Services (CMS) established the CMS Innovation Center. The Center will “examine new ways of delivering health care and paying health care providers that can save money for Medicare and Medicaid while improving the quality of care.” The Innovation Center will consult stakeholders across the health care sector including hospitals, doctors, consumers, payers, sta

48 New Mediators Sworn In to Nevada Foreclosure Mediation Program

By Beth Graham - November 15, 2010

On October 27th, 48 new mediators were sworn in to the State of Nevada Foreclosure Mediation Program (FMP). This brings the total number of authorized FMP mediators in Nevada to 293. The FMP was created by Assembly Bill 149 during the 2009 Nevada Legislature session. According to a June 21, 2010 fact sheet: The FMP applies to residential properties located in Nevada that are owner occupied and the primary home of the owners. Additional eligibilit