Health Care Conflict Resolution Part II: Separate the People from the Problem
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...
View ArticleHealth Care Conflict Resolution Part III: Focus on Interests, Not Positions
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...
View ArticleHealth Care Conflict Resolution Part V: Use Objective Criteria
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...
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Health Care Burnout: Managing Conflict When the Stakes are High
A CNBC post last month on conflict resolution in health care opens with this statement: Health care has always been a stressful profession. Think high-stakes work, too many patients, overwhelmed...
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Health Care Conflict Resolution Part IV: Invent Options for Mutual Gain
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...
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Ethical Intelligence in Conflict Engagement
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...
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2011-12 U.S. Legislation on Arbitration and Mediation
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....
View ArticleU.S. Legislative Roundup, February 4, 2013
The following bills relating to alternative dispute resolution were introduced by the 113th U.S. Congress. The session convened in Washington, D.C. on January 3, 2013 and will end on January 3, 2015....
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San Antonio COA Refuses to Compel Nursing Home Negligence Case to Arbitration
Texas’ Fourth District Court of Appeals in San Antonio has refused to compel a nursing home health care liability lawsuit to arbitration. In The Williamsburg Care Company L.P. v. Acosta, (No....
View ArticleWho is Our Public Health Department Director? (And why does it matter?)
by Holly Hayes Public health departments and health care providers across the spectrum have traditionally not collaborated in providing care in their community. According to Hospital and Health...
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Ethics Consultations and Conflict Engagement in Health Care
Charity Scott, Catherine C. Henson Professor of Law and Director of the Center for Law, Health & Society at Georgia State University College of Law, has published a thought-provoking article...
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Bioethics Mediation at the End of Life: Opportunities and Limitations
Ellen A. Waldman, Professor of Law at the Thomas Jefferson School of Law has published a thoughtful article entitled, Bioethics Mediation at the End of Life: Opportunities and Limitations, Cardozo...
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In-House Conflict Resolution Processes: Health Lawyers as Problem-Solvers
Professor E. H. Morreim, University of Tennessee Health Science Center- College of Medicine, Department of Internal Medicine, has published a timely article entitled, In-House Conflict Resolution...
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Impaired Healthcare Executives Policy Statement
The American College of Healthcare Executives (ACHE) updated their policy statement on Impaired Healthcare Executives in November 2012. We posted here on impaired physicians,but have not posted...
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Texas Legislature Considers Measure that Would Require Out-of-Network...
A bill seeking to establish an arbitration process designed to protect patients who are treated by an out-of-network provider during an emergency room visit from being hit with hefty medical charges is...
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Dallas COA Orders Arbitration Based on Electronic Signature and Click Through...
Texas’ Fifth District Court of Appeals in Dallas has ordered a health care liability lawsuit to arbitration based on an online click through agreement and a financial responsibility contract that...
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Federal Court Orders Mississippi Nursing Home Neglect Case to Arbitration...
The United States District Court for the Northern District of Mississippi has ordered a nursing home dispute to arbitration based on an individual’s oral consent to her daughter’s agency. In Crowe v....
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