Health Care Mediation Articles
Never have we been more needed, and never have we needed to be more flexible.
(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.
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.
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.
This article looks at using mediation to resolve post-quarantine disputes.
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?
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.
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.
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.
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.
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.
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.
As more mediators practice via Zoom and experience Zoom fatigue, they are discovering something about themselves.
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.)
Employee contracts, which were rarely straightforward before the pandemic, are particularly complicated now.
(8/24/20)Andrea Maia, Gregg Relyea
This article discusses the "Community Spread" of Mediation in a Post COVID-19 World.
Divorce or separation is a big challenge in itself.
(8/20/20)Lucia Kanter St. Amour
This Primer in Neuroscience, Emotions and how they impact decision-making, along with understanding the myth of rationality, can help mediators navigate difficult moments in mediation and steer parties towards a productive path.
Apologies for medical errors and poor medical outcomes are typically omitted from the practice of medicine in the classic tort malpractice approach to managing communication to the detriment of injured patients.
Is there something more I could do, as part of the human community that might make a difference?
The facilitative/ humanistic mediator has a more ambitious goal through the process of containing the parties in a supporting common space until the adjacent door opens to reveal a path forward.
(7/31/20)Roger Moss, Carole Conn
Conflict Intervention Service: Transforming Lives, Transforming Affordable Housing, Transforming Community in Times of COVID-19
(7/25/20)Tim Hicks, John Sturrock
Fundamentally, mediators work with people’s psychologies and identities, their worldviews and self-views - everything that makes up what it is to be a human being.
This paper discusses the emphasis of Alternate Dispute Resolution in the field of ADA and Disability Discrimination and then provides a more detailed review of recent Title I and Title III cases.
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This series examines how the 7 continents are dealing with conflict during COVID. This one examines the view from Asia.