HEALTHCARE NEUTRALTM BLOG

The Healthcare Neutral Blog will share ideas and developments in alternative dispute resolution, healthcare business and law.

Protected Health Information in Mediation and Arbitration – Best Practices

I just listened in on a conference call presentation on Protected Health Information (“PHI”) in mediation and arbitration. It covered best practices for dealing with the potential disclosure of confidential patient information inherent in many healthcare disputes while navigating the requirements of HIPAA and other laws…

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Disclosure Obligations And Repeat Players – What’s An Arbitrator To Do?

The Ninth Circuit Court of Appeals recently ruled that a JAMS arbitrator had an obligation to disclose his ownership interest in JAMS, a privately owned mediation and arbitration provider…..

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Court Says Parties Risk Waiver by Delaying Arbitration: Fish or Cut Bait

A case decided yesterday in the Superior Court of New Jersey, Appellate Division, illustrates the risk of delaying a demand for arbitration. Stevens v. Cappadora (Docket No. A-1717-18T1) involved a dispute arising from a joint venture…

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AAA’s Eric Tuchmann Offers Arbitration Update to Garibaldi Inn of Court

The American Arbitration Association’s Senior V.P. and General Counsel, Eric Tuchmann, addressed the October 10 meeting of the Justice Marie L. Garibaldi American Inn of Court for ADR.  The Inn was founded…

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Arbitration Agreement May Be Incorporated Into Another Contract

Contracting parties should carefully consider arbitration as their preferred method of dispute resolution when drafting their agreements. A potential trap for the unwary may exist when the reach of one contract’s dispute resolution provision extends to another contract that is silent on the matter.

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Court Remand to an Arbitrator: Good or Bad for Arbitration?

A recent decision of the 2nd Circuit Court of Appeals may suggest a change in the way courts can approach the review of arbitral awards presented for judicial review. One…

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