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Health Care Articles

Health Care Mediation Articles


The Effective Crisis Communicator: Prepare Like a Navy SEAL

(6/02/17)Jeff Thompson

Crisis and hostage negotiators, as well as other law enforcement personnel, continually find themselves involved in crisis situations where the pressure is placed on him or her to peacefully resolve an incident.

Cognitive Bias Revisited

(5/26/17)Michael P. Carbone

By now we should all be familiar with what "cognitive bias" is: a mistake in reasoning or decision-making that is caused by sticking to our own pre-conceived ideas based upon personal preferences or feelings.

Reading Emotions

(5/26/17)Joe Markowitz

A character in Guardians of the Galaxy 2 shows that it is often more important to understand emotions than rational thoughts.

Toxic School Environments Make Teachers Sick

(5/22/17)Jacqueline Burnett-Brown

Is your workplace a toxic environment? If there is more than one person per week out sick in your department, chances are it is.

Interview with Howard Gadlin

(5/04/17)Howard Gadlin

This is the complete interview by Robert Benjamin with Howard Gadlin, Ombudsman and Director of the Center for Cooperative Resolution at the National Institutes of Health since 1999, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Mediating in the Shadow of Faith: Personal Beliefs, The BATNA Analysis, and Dealmaking

(4/21/17)Gregg Relyea

This is a fictional story based on fact, teaching an example about mediation.

Creating Chemistry in Mediation

(3/28/17)Jeff Windsor

To begin to establish trust with parties and counsel, and help them feel at ease throughout the process, a mediator may want to remember the neurochemistry and cognitive functions that apply. These simple techniques may assist in reaching the tipping point in bringing about a resolution.

What I Learned from Studying Neuroscience about the Future of Mediation

(1/20/17)Camaron Thomas

Individual differences matter. To be of value, mediation has to draw on these differences to elicit how the parties make sense.

Instead of Saying...

(11/04/16)Jeff Thompson

A person who has a mental illness shares some tips on things she would prefer hearing instead of "get well soon."

The Mindful Mediator

(10/28/16)Bernard Morrow

I have written in the past about how “being present” (or, in the moment) is the single-most important ingredient I bring to a mediation.

Interview with Randy Lowry

(10/10/16)L. Randolph Lowry

This is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus Institute for Dispute Resolution at Pepperdine, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements

(10/07/16)Beth Graham

Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements.

Hospice and Conflict Resolution

(9/23/16)Althea Halchuck

Conflict can touch anyone, at any time of life. In this article, I talk about end-of-life conflict, specifically those disputes related to hospice. I explore who is involved, why disputes arise, and reasons they are hard to resolve. I also speak about the importance of having a mediator as part of the hospice team.

Miscommunication: A Symptom, Not Just a Cause

(8/19/16)Dan Simon

The communication problems that happen in the mediation session might be symptoms of the conflict.

Dallas COA Compels Arbitration in Injured Nurse’s Lawsuit Against Former Employer

(7/15/16)Beth Graham

Texas’ Fifth District Court of Appeals in Dallas has ordered an injured nurse’s lawsuit filed against his former employer to arbitration.

Risk Taking: It is a Matter of Biology.

(5/27/16)Phyllis Pollack

Are you a risk taker? Or, are you a risk averter?

Surgeons’ Apologies Decrease Lawsuits: How Can that be News?

(5/06/16)Dan Simon

I read an article on CNN that explains that when surgeons and other medical providers apologize after they’ve made a mistake, people are less likely to sue. What I found hard to swallow was that the story was considered newsworthy.

Texas Supreme Court Will Not Review Case Where Post-Arbitration Discovery Ordered Due to Neutral’s Alleged Evident Partiality

(1/29/16)Beth Graham

The Supreme Court of Texas has denied a party’s request to review the Dallas Appeals Court’s decision allowing post-arbitration discovery in a case that was filed by an injured worker.

SCOTUS Denies Cert in Nursing Home Arbitration Case

(1/15/16)Jill Gross

On Monday, the Supreme Court declined to review a decision of the Supreme Court of Texas that enforced a pre-dispute arbitration clause in an agreement a patient signed with a nursing home pre-admission. After the patient died, her family sued the nursing home in state court alleging negligent care and wrongful death.

Do You Have Your Primary Care Lawyer?

(12/04/15)Michael A. Zeytoonian

Most people have a primary care physician. But people and small businesses don’t often have a primary care lawyer.

Crisis Negotiation: From Suicide to Terrorism Intervention

(8/28/15)Jeff Thompson

This is a snippet from a chapter which uses an account of a real-life crisis negotiation to explore what is know about these high-stakes, emotion-fueled interactions. We begin by reviewing literature relevant to four different interaction periods within the case: first impressions and the verbal and nonverbal factors that effect initial exchanges; rapport development and the communicative skills that facilitate information gathering; sensemaking and the frameworks that help negotiators understand the motivations of their interlocutor; and, influence strategies and their impact on moving a perpetrator from antagonism to cooperation.

On the Question of a Party's Capacity to Use Mediation

(8/21/15)Jeanne Cleary

A mediator came to me for a consult with an intriguing situation while co-mediating a Harassment Prevention case in a local court. I analyze the situation in this article.

Consolidation and Conflict in the Health Care Industry

(6/19/15)Viggo Boserup

The health care industry has experienced a significant increase in consolidations among providers of facilities and services alike. From drugs to devices to service providers, 2014 saw the largest consolidation within the health care industry in the past 20 years. - See more at: http://jamsadrblog.com/#sthash.AQhZ4CpV.dpuf

Avoiding the Uncertainty of a Medical Malpractice Trial

(6/19/15)Richard Bone

Alternative dispute resolution (ADR) provides viable and attractive alternatives to jury trials as a means of resolving medical legal disputes arising out of allegations of professional negligence. The two primary alternatives to a jury trial for medical malpractice cases are mediation and binding arbitration.

Dissolution- Don’t let the Resolve Dissolve

(6/06/15)Belinda Jokinen

I was helping this couple, Jane and John of course, sort out the details of their divorce. The item that was the most difficult to “separate” was the china cabinet. They had invested time, and money, and both had an attachment to it. We were on our 3rd session and they had been able to remain in the same room every time. When we discussed the cabinet they got real snippy so it was time to visit with them separately.

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