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 private practice and into salaried positions with hospitals, alternative dispute resolution can help both groups reach agreement on the business model that will work best for them. A recent article from the New York Times, titled, “More Doctors Giving Up Private Practices” states, “As recently as 2005, more than two-thirds of medical practices were physician-owned –a share that had been relatively constant for many years, the Medical Group Management Association says. But within three years, that share dropped below 50 percent, and analysts say the slide has continued.” Physician and Physician: We posted about Dr. Howard Brody’s recommendation (post available here) that physicians take an active role in determining the most effective use of medical procedures to help decrease health care costs. This article from the New York Times, “Law May Do Little to Help Curb Unnecessary Care” states, “To truly change the national chronic overuse of medical care, there will have to be a substantial change in the way patients think about health care, how medicine is practiced and how it is paid for, economists and doctors say.” We believe conflict resolution techniques can greatly benefit this on-going discussion of appropriate medical care. Physician and Hospital: We have written about disruptive physician behavior here and how mediation can be helpful. Staff Member and Manager: The Joint Commission now requires that hospitals develop conflict management systems. See more here. As we learn more about conflict resolution in health care, we will post responses here. This list is not intended to be comprehensive and we welcome your comments. 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.
Continue reading...The International Chamber of Commerce (ICC) released recently a new checklist to guide arbitrators writing awards. Here is the press release: New aid for drafting awards in ICC cases February 2010 As part of its ongoing drive to improve efficiency, the ICC International Court of Arbitration has issued a checklist for drafting ICC arbitral awards. The two-page document may be a helpful memory jog for ICC arbitrators when preparing their awards for submission to the Court. The checklist reminds arbitrators of key information that must normally be included in an ICC award. These include the correct and full identification of all players in the arbitration, details about the relevant arbitration agreement, the complete history of the proceedings, any decisions on jurisdiction, the disposal of the parties’ claims and, in final awards, the costs of the arbitration. Such information is necessary, not only to resolve the dispute, but also to demonstrate the integrity of the proceedings in the event of a subsequent attempt to set aside the award. The checklist also draws attention to matters of presentation, stressing the importance of clarity and consistency. The readability of an award will be greatly enhanced if it is carefully structured, includes a table of contents and numbered pages and paragraphs, and provides translations of any texts quoted in foreign languages. The checklist is for guidance only. It does not seek to be exhaustive, nor is it mandatory or otherwise binding upon arbitrators. Simon Greenberg, Deputy Secretary General of the Court, described the checklist as ‘a time-saving tool to help avoid many of the formal corrections requested by the Court when scrutinizing awards under Article 27 of the ICC Rules’. Mr Greenberg added: ‘It will help to make sure that busy arbitrators do not overlook details that can improve the effectiveness of their awards and thereby contribute to the quality of ICC awards and the efficiency of the scrutiny process.’ The scrutiny of draft awards is one of the most appreciated added values of arbitration proceedings administered by the ICC Court. In 2009, only 33 of the 415 draft awards approved by the Court were accepted without comment. In the remaining 382, the arbitral tribunal was invited to look again at certain aspects of its award. It is hoped that the new checklist will render much post-scrutiny adjustment on minor formal matters unnecessary. The checklist is intended solely for ICC arbitrations and will be distributed systematically to arbitrators when the case file is transmitted to them, as well as to all arbitrators in ongoing proceedings that have already passed that stage. It will also be published in the ICC International Court of Arbitration Bulletin and the ICC Dispute Resolution Library. Technorati Tags: ADR, law, arbitration
Continue reading...As the U.S. Supreme Court prepares to decide Rent-A-Center v. Jackson, we thought that you might find interesting to read the following blog posts and articles relating to the issue of arbitration unconscionability: Who gets to Decide Unconscionability?, Andrea Schneider, ADR Prof Blog (March 4, 2010) Thankful for Unanswered Prayers? Unconscionability Equilibrium, Don Philbin, Alternative Resolutions Newsletter, page 30 (Winter 2010) Unconscionability and Arbitration, Steven K. Huber, Alternative Resolutions Newsletter, page 36 (Winter 2010) Prawfsblawg: Allocating Power Between Courts and Arbitrators – and Why Scholars of Federal Courts Should Care, Disputing (Feb. 23, 2010) Letting the Arbitrator Decide Unconscionability, Andrea Schneider, ADR Prof Blog (includes link to paper by Karen Halvenson Cross) (Feb. 20, 2010) Arbitration and Class Action, Eugene Volokh, The Volokh Conspiracy (Feb. 2, 2010) Supreme Court Agrees to Hear Arbitration Unconscionability Case (Jan. 18, 2010) Ninth Circuit Has Interesting Ruling on Unconscionability, Sarah Cole, ADR Prof Blog (Sept. 15, 2009) Ninth Circuit Finds Class Action Waiver Unconscionable, Disputing (March 31, 2009) Unconscionable Arbitration Agreement: A First for Texas, Disputing (Feb. 2, 2009) Technorati Tags: law, ADR, arbitration
Continue reading...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
Continue reading...Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.
Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.