HEALTHCARE NEUTRALTM BLOG

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

Settling A “Winner Takes All” Arbitration Through Mediation (Part II)

My last post discussed settling a “winner takes all” arbitration using a mediation technique requiring both parties to assess their chances of winning among 10 arbitrators chosen at random….

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Settling A “Winner Takes All” Arbitration Through Mediation (Part I)

Some of the most difficult arbitrations to settle are those in which completing the arbitration will result in a 100% winner and a 100% loser – and both parties believe they will win…

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New Book Released on Making Good Litigation Decisions

Thanks to John Lande’s blog post at Indisputably, I just became aware of a new ABA book: Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions. Having read the table of contents and introduction, I immediately ordered a copy.

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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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AHLA Offers Enhanced ADR Training Opportunities

     For many years, the American Health Lawyers Association (“AHLA”) Alternative Dispute Resolution Service has offered basic (one day) training courses in arbitration and mediation. I just heard from Geoff…

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Ken Feinberg (And Me!) On How To Settle A Dispute

     Ken Feinberg is probably America\’s most well-known neutral – an attorney, mediator and special master in administering mega-settlements such as those formed to compensate the victims of the 9/11…

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