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Health Care Articles

Health Care Mediation Articles


Validating Medical Claims: do you get true value for your contributions?

(6/16/21)Keshia Osbourne, Bruce Ally

Anyone who’s employment situation offers them extended health is often under the mistaken notion that their policy will be triggered should a medical need arise.

Lesley Cook Interview - Neurodiversity in Mediation

(6/09/21)Lesley Cook

This is an interview with Dr. Lesley Cook discussing the importance of understanding your neurodiverse clients in the educational, family, and workplace fields.

How to Help Parties With Disabilities Without Discriminating

(6/07/21)Dan Berstein

When we perceive that someone may have a disability, it is common to think about ways to help that person. But assuming that someone needs help is paternalism, and it can be a form of discrimination.

Virtual Interpersonal Community Mediation: NAFCM Think Tank Report

(5/28/21)NAFCM

In November 2020, Mediate.com approached D.G. Mawn of the National Association for Community Mediation (NAFCM) to facilitate a national think tank regarding possible support Mediate.com may wish to consider which would strengthen and broaden the impact of community mediation through on-line access. The exact charge was: Develop best-practice recommendations for Mediate.com regarding their online services so they best support the field of community mediation to embrace and offer online mediation services and utilize and benefit from basic and ongoing online mediation training.

The History of Mediation and Why It Is Still in Use Today

(4/16/21)Jakob Vinther, Thomas Todd

To understand mediation, you must examine the reason behind having a mediator.

20 Ways to Improve UNFCCC Meetings and Climate Change Negotiations

(4/02/21)Kenneth Cloke

In preparation for the next international meeting on climate change in Glasgow in November 2021, it is important to begin thinking together, not only about outcomes, but ways of improving the process of meeting, discussing, and negotiating agreements on climate change.

Adversarial Ethics and the Responsibilities of Mediation Associations

(2/26/21)Julian Granka Ferguson

Adversarial ethics, or the ethics of competition, are an unfortunately overlooked field of moral philosophy.

Why are LGBT+ Employees Still More Likely to be Involved in Workplace Conflict?

(2/19/21)Katherine Graham

New CIPD research suggests that more than four in 10 LGBT+ employees have experienced workplace conflict in the past year.

Ambulance Usage Pursuant to an MVA as Determinative of Severity of Sustained Injuries

(2/05/21)Bruce Ally

Those who have been involved in an accident and chose to pursue their options to recovery through the legal system, often end up at mediation.

The Vanishing Jury Trial and Other Important Lessons for Mediators

(1/22/21)Bruce Edwards

The article helps demonstrate the widespread acceptance of ADR, and mediation in particular, in the legal profession.

Radical Collaboration

(1/21/21)Larry Bridgesmith

Collaboration is an emerging platform for economic success in law.

Pandemic Pivot - ADR Poised for Prominence During Recovery

(1/08/21)Tracy Allen

Never have we been more needed, and never have we needed to be more flexible.

How to AVOID Conflict Gracefully

(1/08/21)Ronald S. Kraybill

If you’re good at selective conflict avoidance, you will have a greater sense of order and control in your life.

When the Cure is Worse Than the Disease: Civil liberties Under Attack

(12/28/20)Kathleen Kauth

As COVID concerns spread, conditioning from the media and celebrities talking about how everyone needed to comply with random, and often contradictory orders began to make the rounds of TV and social media.

What to Do When Abrasive Behavior Disrupts Your Mediation Process

(12/18/20)Mark Baril

As mediators, we are hired and trusted to come into a situation and use our best judgment and experience to deliver results in the form of durable negotiated agreements and changed behavior. In rare situations we will encounter abrasive behavior by one or more parties, and in those cases we must be prepared to shift our process to accommodate the landscape and serve the parties in the best way possible.

To ‘Unlock’ the Disputes Post the Lockdown, Use Mediation as ‘The Key’

(12/18/20)Sanjeev Ahuja

This article looks at using mediation to resolve post-quarantine disputes.

The 2020 Elections, Mediation, and the Political Divide -- What Next?

(12/14/20)Kenneth Cloke

Biden and Harris won the election, but what exactly did they win? What was lost in the process? And, as mediators and citizens, what do we do next?

APFM, NAFCM, MBB & ACR Co-Sponsor National Mediation Policy Act!

(11/30/20)Mediate.com

The APFM, NAFCM, MBB & ACR have joined Mediate.com's groundbreaking efforts to set America on a better path by sponsoring the "National Mediation Policy Act" (NMPA). The Act declares a national policy favoring voluntary mediation over disputes being litigated, remaining unresolved or resulting in violence.

Why Mediation Is the Holy Grail for Health Care Disputes

(11/16/20)David Zacks

After trying cases for most of my career and having served as a full-time neutral for the past five years, I’m convinced mediation is the best option for resolving cases while keeping your clients’ interests in mind, particularly for health care disputes.

Mediators Green Pledge

(10/19/20)John Sturrock

Promoting the Mediators Green Pledge is now the purpose of a new WoMACC site. It seems to be one way to commit to our future. I invite you to sign up to the Green Pledge and to promote it to those you know and work with.

Mediating Conflict in the Time of Covid-19

(10/16/20)Vicki Assegued

This article addresses internal and external skills for mediators to use during this time of Covid-19, to raise awareness of internal biases, and shift those biases in order to skillfully mediate for our clients.

October Month of Conflict Resolution Week 2: Featuring 4 Peacebuilding Think-Tanks Across the World

(10/09/20)Anupriya Kukreja

As part of our special series for Conflict Resolution Month this October, this is our second article where we have highlighted the following research institutes and think tanks across the world.

Max Schrems strikes again! Where next for Mediation Service Providers and their mediators?

(9/15/20)Tony Guise

Examines the outcome of the CJEU’s decision known as Schrems II from the perspective of mediation service providers and mediators. Proposes practical steps in which the results of Schrems II may be addressed. Reviews the emerging responses of Data Protection Authorities in Europe and the USA.

Zoom Fatigue Uncovers Mediators' Secret Weapon

(9/05/20)Clare Fowler

As more mediators practice via Zoom and experience Zoom fatigue, they are discovering something about themselves.

“Death by a thousand paper cuts.”

(8/29/20)Phyllis Pollack

The term “microaggression” was coined in the 1970s by Dr. Chester Pierce who is a psychiatrist, and refers to “subtle, stunning, often automatic, and nonverbal exchanges which are ‘put downs’ of Black people and members of other minority groups; ‘micro’ refers to their routine frequency, not the scale of their impact.” (Id.)

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