On Friday, the American Arbitration Association and its international division, the International Centre for Dispute Resolution (“ICDR”), issued a “COVID-19 Update.” 

The Secretariat of the International Court of Arbitration has issued letter guidance regarding the ongoing worldwide COVID-19 outbreak. 

Over the last few weeks, several attorneys and their clients have told me they anticipate exceptional challenges moving forward with mediations amid new travel restrictions and developing health and safety concerns. I imagine these challenges will only increase in the coming months.

Maureen Weston, Professor of Law and Director of the Entertainment, Media & Sports Law Program at Pepperdine University School of Law, has written, “Buying Secrecy: Non-Disclosure Agreements, Arbitration, and Professional Ethics in the #MeToo Era,” Legal Studies Research Paper Series Number 2020/5. 

by Holly Hayes We recently blogged about the role of the “standing neutral” in healthcare and listed the advantages and disadvantages of this approach. Premier, a healthcare alliance with approximately 200 hospital and healthcare system members, posted a presentation about the “The Role of a Medical Mediator”, see here. The presentation provides details on the objectives of a medical mediator (MM) program, its goals, organizational structure, MM qualifications, cases appropriate for referral to a MM, guiding principles for the program, costs and benefits. Benefits include: Demonstration of the organization’s commitment to: – Truthful communication following an unanticipated adverse event – Supporting its workforce – The principles of a “just culture” supporting patient safety Restored patient (family) trust in the organization and provider(s) Emotional support for clinicians following an adverse event Possible program outcome measures include: “number of cases referred to MM by service and by type of case per month (surgical complication, perinatal case, etc.), average number days from opening to closing a case, average daily caseload volume, informal feedback from patients, families, providers.” The presentation concludes with the following data about medical mediation: Bethesda National Navy Medical Center has increased the number of Medical Mediators to 2 FTEs. MM programs in other military medical centers are planned. Kaiser Permanente initiated this program in most of their Regions, beginning in 2003. To date their HCOMs have provided service to over 18,000 patients and/or their families. Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. from Southern Methodist University and a Masters in Health Administration from Duke University. She can be reached at holly@karlbayer.com.

by Holly Hayes The Supreme Court upheld the constitutionality of the Patient Protection and Affordable Care Act (PPACA). The blog Disruptive Women in Healthcare has developed a scorecard that summarizes the views and votes. Their website also has a timeline of the PPACA and a recap of the oral arguments. Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. from Southern Methodist University and a Masters in Health Administration from Duke University. She can be reached at holly@karlbayer.com.