Menu
All articles tagged '"health care"'
133 articles found
2011-12 U.S. Legislation on Arbitration and Mediation
By Victoria VanBuren - January 23, 2013
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and ended on January 3, 2013. Bills that became law: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties to a derivation proceeding may resolve the dispute via arbitration. See Section 135(f). H.R. 1249; Stat
American Academy of Orthopaedic Surgeons (AAOS) Supports ADR
By Holly Hayes - December 5, 2012
The American Academy of Orthopaedic Surgeons (AAOS) issued a Position Statement on Medical Liability Reform by David H. Sohn, JD, MD, and S. Jay Jayasankar, MD stating: “The AAOS believes that broad reforms are necessary to compensate negligently injured patients promptly and equitably, enhance patient–physician communication, facilitate improvement of patient safety and quality of care, reduce defensive medicine and wasteful spending, decrease l
Ethical Intelligence in Conflict Engagement
By Victoria VanBuren - November 9, 2012
by Holly Hayes I recently read the book Ethical Intelligence by Bruce Weinstein, PhD, also known as The Ethics Guy. The subtitle of the book is “Five Principles for Untangling Your Toughest Problems at Work and Beyond”. In Chapter 10, titled “If I Am Not for Myself, Who Will Be? Ethical Intelligence with Yourself” Dr. Weinstein talks about “Five Rules of Engagement” for dealing with anger using ethical intellig
Arbitration and Mediation Update | October 2012
By Victoria VanBuren - October 24, 2012
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Bills that passed: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties to a deri
Health Care Conflict Resolution Part V: Use Objective Criteria
By Victoria VanBuren - October 5, 2012
by Holly Hayes One month ago, we started our health care conflict resolution series (see Part I, Part II, Part III, and Part IV) focusing on the Roger Fisher, William Ury Getting to YES principled negotiation method involving: 1. Separating the people from the problem. 2. Focusing on interests, not positions. 3. Generating a variety of possibilities before deciding what to do. 4. Insisting that the result be based on some objective standard. Our
Health Care Conflict Resolution Part IV: Invent Options for Mutual Gain
By Victoria VanBuren - September 28, 2012
by Holly Hayes Conflict in health care differs from conflict in other arenas because it can result in significant negative outcomes – in some cases, life or death. Part IV in our series on applying conflict resolution skills in the health care setting follows the Principled Negotiation techniques described by Roger Fisher and William Ury in Getting to Yes with a focus on “inventing options for mutual gain”. Part I in the series can be viewed (her
Health Care Conflict Resolution Part III: Focus on Interests, Not Positions
By Victoria VanBuren - September 21, 2012
by Holly Hayes Our health care conflict resolution series began with Part I, applying the “principled negotiation” method to health care (post available here) and followed with Part II, examining a case study of “Separating the People from the Problem” (post available here). In this post, let’s take an example of a physician and a hospital group negotiating to buy the physician’s practice to see how “positional bargaining” results in failure to f
Health Care Conflict Resolution Part II: Separate the People from the Problem
By Victoria VanBuren - September 14, 2012
by Holly Hayes We started our health care conflict resolution series with applying the principled negotiation method to health care (post available here). Principled negotiation involves: Separating the people from the problem. Focusing on interests, not positions. Generating a variety of possibilities before deciding what to do. Insisting that the result be based on some objective standard. This post will focus on “separating the people from the
Physician as Team Captain
By Victoria VanBuren - August 30, 2012
By Holly Hayes “The era of ‘one patient, one doctor’ is coming to an end, and so today’s trainees will practice in collaborative teams rather than individually,” Carl Snyderman, MD, David Eibling, MD and Jonas Johnson, MD state in their article “The Physician as Team Leader: New Job Skills Are Required” in Academic Medicine, a journal of the Association of American Medical Colleges (AAMC). Atul Gawande, M
ABA Book | Stories Mediators Tell
By Victoria VanBuren - August 22, 2012
by Holly Hayes I recently discovered the book “Stories Mediators Tell” by Eric R. Galton and Lela P. Love published by the ABA Section of Dispute Resolution (Feb 2012). Our friend Jeff Jury, from Austin, contributed the story “The Problem of Sharing Space”. The introduction states: Some of the stories in this book are factual, an effort to recount precisely what happened in a particular mediation. Some are an effort of the
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy