Karl Bayer's Disputing Blog

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

GUEST-POST PART II | Questions Clients Have about Mediation: What are the Advantages and Disadvantages of Mediation?

By Victoria VanBuren - June 1, 2010

By Kent B. Scott and Cody W. Wilson Clients always want to know the advantages and disadvantages of mediation. Without this information it would be difficult to decide whether to mediate. Here is a brief list of mediation’s main advantages. Little discovery is needed. Mediation can take place without having to complete the time-consuming and expensive “discovery process” associated with litigation. (In discovery, the parties can ask each other to

GUEST-POST PART I | Questions Clients Have about Mediation: What is Mediation?

By Victoria VanBuren - May 25, 2010

By Kent B. Scott and Cody W. Wilson This series of posts will pose questions that clients have about mediation. We have found that mediation is most successful when attorneys and clients work through these questions together and map out a plan to achieve their objective—an agreed settlement rather than a resolution imposed by a judge, jury or arbitrator. The questions clients have about mediation are tools that can be used to design a successful

Mediation Channel: Resources for Mediators

By Victoria VanBuren - May 21, 2010

Last week, Diane Levin at the Mediation Channel had an interesting post with resources for mediators (thanks for the cite!). You can find the post here. As readers may know, Diane also maintains the impressive World Directory of ADR Blogs at ADRblogs.com where she lists dispute resolution blogs from all over the world. On a related note, Diane’s Mediation Channel received recently the ABA Journal Blawg Award for 2009. Congratulations Diane!

Video: Mediate.com Receives Prestigious American Bar Association (ABA) Award

By Victoria VanBuren - April 19, 2010

We thought that you might like to watch the video of Jim Melamed’s acceptance (on behalf of Mediate.com) of the ABA Problem Solver of the Year Award on April 9 at the ABA ADR Section Conference in San Francisco. (read more about the award here). Technorati Tags: ADR, law, arbitration

ABA 2010 Winners of Mediation Video Contest on YouTube: Honorable Mention (3)

By Victoria VanBuren - April 12, 2010

The ABA Section of Dispute Resolution announced the 2010 winners of its First Annual Mediation Video Contest on YOUTUBE. An Honorable Mention Winner was “Mediation Works” submitted by: Peggy Foley Jones, Lissy Gulick, Pat Bambrick, Tod Davies. Check it out: Technorati Tags: ADR, law, arbitration

Medical Staff Standard Includes Conflict Resolution Requirement

By Holly Hayes - April 9, 2010

By Holly Hayes The Joint Commission Medical Staff Standard MS.01.01.01 has been approved and will go into effect March 31, 2011. See the Standard here. American Medical News summarizes: “The new standard states that the organized medical staff has the primary job of assuring quality and patient safety in the hospital while laying out a mechanism for physicians, the hospital governing body and chief executive to resolve differences over rule

ABA 2010 Winners of Mediation Video Contest on YouTube: Honorable Mention (2)

By Victoria VanBuren - April 5, 2010

The ABA Section of Dispute Resolution announced the 2010 winners of its First Annual Mediation Video Contest on YOUTUBE. An Honorable Mention Winner was “Elder Mediation: A Solution For Families at War” submitted by: Carolyn Rosenblatt, Bruce Tokars Erika Falk, Prescott Cole, Albert Freedman. Check it out: Stay tuned to Disputing for more Honorable Mention Winners! Technorati Tags: ADR, law, arbitration

Where Does ADR Fit in Health Care?

By Holly Hayes - April 1, 2010

By Holly Hayes Readers have asked us, “where does ADR fit in health care? It’s a good question and one we have contemplated ourselves. To learn more, we are undertaking an informal survey asking leaders in the field to share their thoughts and experiences on this topic. So far, we have learned that ADR techniques can be applied with the following groups: Physician Practices and Hospitals: As more and more physicians move out of privat

ABA 2010 Winners of Mediation Video Contest on YouTube: Honorable Mention (1)

By Victoria VanBuren - March 29, 2010

The ABA Section of Dispute Resolution announced the 2010 winners of its First Annual Mediation Video Contest on YOUTUBE. An Honorable Mention Winner was Mediation: Everyone’s a Winner! submitted by: Paul Torio, Neil Estaris, Reginald Estaris, Arleen Joy Reyes. Check it out: Stay tuned to Disputing for more Honorable Mention Winners! Technorati Tags: ADR, law, arbitration