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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The Third Circuit Won’t “Rubber Stamp” An Arbitrator’s Decision

The Third Circuit Court of Appeals decided a case on December 30, 2019 reaffirming the prevailing standard of judicial review applicable to arbitrators’ decisions.

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Healthcare Arbitration Is Faster Than Going To Court

Speed is one of the primary advantages of resolving a healthcare dispute by arbitration rather than through the courts…

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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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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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