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  • We’re Back!!!!
    Well, it’s been a while since we published and that is about to change.   Since I spent much of last year becoming
  • JAMS Welcomes Karl Bayer to its Panel of Neutrals
    JAMS, the world’s largest private alternative dispute resolution (ADR) provider, is pleased to announce that Karl Bayer
  • Class Action Waivers in Arbitration Agreements: The Twenty-First Century Arbitration Battleground and Implications for the EU Countries
    Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has written “Class Ac
  • Picking the Proper Technological Tool for Problem-Solving in Arbitration
    Professor Amy J. Schmitz, John Deaver Drinko-Baker & Hostetler Chair in Law and Co-Director of the Translational Data An

Recent Posts

Mediator Lee Jay Berman Named NADN’S 2017 Distinguished Neutral of the Year

By Beth Graham - August 28, 2017

On August 18th, the National Academy of Distinguished Neutrals (“NADN)” presented the organization’s inaugural “Distinguished Neutral of the Year” Award to Lee Jay Berman. 

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5th Circuit Once Again Upholds Class Waiver Absent an Arbitration Agreement

By Beth Graham - August 25, 2017

The United States Court of Appeals for the Fifth Circuit has once again overturned a National Labor Relations Board (“NLRB”) decision stating an employer’s collective action waiver that is not included in an arbitration agreement violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”). 

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CFPB Director Pens NYT Op-Ed Addressing New Rule Against Mandatory Arbitration Agreements that Ban Class-Actions

By Beth Graham - August 24, 2017

On Tuesday, Consumer Financial Protection Bureau (“CFPB”) Director Richard Cordray published an opinion piece in the New York Times in response to recent attempts by lawmakers to repeal a new CFPB arbitration rule. 

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W. D. of Pennsylvania Addresses Optional Appeal to Second Arbitration Tribunal

By Mark Kantor - August 23, 2017

It is very rare to see a court decision addressing whether an optional appeal to a second arbitration tribunal is available under the applicable arbitration agreement and arbitration rules to a party disappointed by a first tribunal’s arbitration award. 

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Arbitration

Texas A&M School of Law Expands ADR Curriculum Under New Dispute Resolution Program Director

By Beth Graham - December 5, 2017

The Texas A&M University School of Law has beefed up its ADR curriculum after welcoming Professor Nancy Welsh as Director of the Aggie Dispute Resolution Program this fall.

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New Petition Asks SCOTX to Consider Whether Arbitrator Exceeded His Authority

By Beth Graham - December 4, 2017

Can Computers Be Fair? How Automated and Human-Powered Online Dispute Resolution Affect Procedural Justice in Mediation and Arbitration

By Beth Graham - December 1, 2017

Mediation

Collaborative Patient Care and ACOs

By Holly Hayes - October 22, 2010

by Holly Hayes In a message to all physicians posted on the American Medical News website this week, Ardis Dee Hoven, MD, chair of the American Medical Association (AMA) Board of Trustees said, “When physicians, hospitals, nurses, technicians, patient advocates and others collaborate, they can help prevent costly hospital admissions and keep patients from cycling between nursing homes and hospitals.” Her message, “Quality care follows when health professionals collaborate,” discusses the role of medical homes and Accountable Care Organizations (ACOs) in integrating and coordinating teamwork between physicians and health care professionals to provide comprehensive care for patients. The most common example of a community-based team approach is the medical home, where collaborative teams of physicians, nurse practitioners and/or physician assistants provide office, hospital and home care. These teams make extensive use of telephone and e-mail consultations and electronic medical records. The medical home model emphasizes consultation rather than referral, and successful medical home patients have greater care coordination, reduced hospitalizations and, ultimately, reduced costs. As in hospital and clinical settings, community-based collaborations depend heavily on communication (both among team members and with patients) and patient compliance — much harder to accomplish in the “real world.” Clearly, EMR systems play a key role in any community-based medical team approach. In his first major public address, Donald M. Berwick, MD, head of the Centers for Medicare & Medicaid Services, announced goals for CMS and specifically called for more community-based collaborations — in the form of interdisciplinary accountable care organizations. ACOs, which were named in the Patient Protection and Affordable Care Act, aim to integrate and coordinate the work of teams of physicians and health care professionals as a way of providing comprehensive care for patients. More recently, the AMA has urged Dr. Berwick and the FTC to make clear that small and solo physician practices can collaborate around health information technology and quality improvement initiatives that make joint negotiation of fees necessary and justifiable, without incurring the sort of organizational costs that make it necessary for physicians to turn to hospitals. Much is currently being written about teamwork and collaboration in the medical setting. Bob Wachter, MD, posted an article on his blog this week titled “Teamwork Training in Healthcare: More Than Just Kumbaya” that says: In this week’s issue of JAMA, (Julia) Neily (RN, MSN, MPH) and colleagues report the results of a teamwork training program implemented in 74 VA facilities. They found that the intervention (not just teamwork training, but more on this later) was associated with a 50% reduction in post-operative mortality, when compared to a contemporaneous control group of 34 facilities that had not yet implemented this training. While the raw mortality reduction is impressive, the finding… (there were 0.5 fewer deaths for every 1000 procedures) makes the results all the more convincing. We are still learning the best ways to teach teamwork: there is good team training and not-so-good team training. Some of the lessons we learned from our experience were: a) everybody needs to participate; nobody can be allowed to opt out (some ORs now require that surgeons and the other members of OR crews participate in teamwork training to maintain their staff privileges, and their hospitals shut down their ORs for a day to allow the training to be conducted with full participation); b) the training must be intensely multidisciplinary (i.e., you need to get docs, nurses, pharmacists, and others sitting together, working through clinical scenarios – teaching teamwork to separated cohorts of physicians or nurses is a perversion of the concept); c) the use of high-tech simulation can help by amping up the drama, but it isn’t crucial; d) leadership endorsement and support of the program is essential; and e) while there are many companies that can be brought in to help design and implement teamwork training programs (many of them staffed by former or active pilots), programs need to be localized and delivered, at least in part, by folks known and respected by the staff, not by outside consultants. Moreover, we learned that a single training program of 4-8 hours, while helpful, won’t have lasting impact unless it is followed by ongoing efforts to reinforce the lessons and the tools. The initial training is like a vaccination; the effect erodes if it isn’t followed by the appropriate boosters. We have written about the application of conflict resolution techniques in healthcare and about the need for conflict engagement specialists to work with healthcare teams to improve patient care. We welcome your thoughts on this timely topic. 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. Technorati Tags: Mediation

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New Off-Shore Oil and Gas Industry Oversight?

By Beth Graham - October 21, 2010

Defensive Medicine and the Role of Tort Reform

By Holly Hayes - October 18, 2010

Healthcare Disputes

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About Disputing

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.


About Disputing

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.

Recent Posts

We're Back!!!!
Feb 24, 2025
JAMS Welcomes Karl Bayer to its Panel of Neutrals
JAMS Welcomes Karl Bayer to its Panel of Neutrals
May 28, 2024
Class Action Waivers in Arbitration Agreements: The Twenty-First Century Arbitration Battleground and Implications for the EU Countries
Nov 27, 2023

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