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American Arbitration Association 
Information from the American Arbitration Association on mediation of healthcare disputes.

Elder Mediation - Healthcare - Ruflin
"Elder Mediation: A New Role in Healthcare," by Patricia Ruflin and Patricia Bertschler, highlights the benefits of mediation for older adults in a health care setting.

Health Care and Mediation - Marcus
"Healing the Conflicts That Divide Us," by Leonard Marcus and Joan Roover, describes the benefit of using mediation in the field of health care.

Health Care Mediation - Cloke 
In "Health Care Mediation: A Cure for the High Cost of Conflict," by Kenneth Cloke, the benefits of mediating healthcare conflicts are highlighted.

Health Care Mediation Information
Articles which address conflict management, communication and dispute resolution in the health care setting, gathered by Mediate.com.

Mediation and Medical Malpractice
An article entitled "Medical Malpractice Disputes in the Age of Managed
Care". 

In 1998, the American Arbitration Association, the American Bar Association and the American Medical Association jointly released the Health Care Due Process Protocol to serve as a framework for ensuring the fair and equitable resolution of health care disputes using alternative dispute methods, including mediation. The full text of the Protocol can be found at the American Arbitration Association's web site by clicking here.

Summary of the Recommendations are as follows:

1. Alternative dispute resolution can and should be used to resolve disputes over health care coverage and access arising out of the relationship between patients and private health plans and managed care organizations.
2. Alternative dispute resolution can and should be used to resolve disputes over health care coverage and access arising out of the relationship between health care providers and private health plans and managed care organizations.
3. In disputes involving patients, binding forms of dispute resolution [such as arbitration] should only be used where the parties agree to do so after a dispute arises.
4. It is essential that due process protections be afforded to all participants in the alternate dispute resolution process.
5.  Review of managed health care decisions through alternative dispute resolution complements the concept of internal review of determinations made by private managed health care organizations.

Patient Complaints - Belak 
"The Use of Mediation in the Patient Complaint Process," by Tony Belak, highlights the advantages of using mediation, instead of lawsuits, to resolve conflicts between doctors and patients.


 

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Norman B. Pickell  Lawyer - Mediator - Arbitrator  58 South Street, Goderich, Ontario N7A 3L5  Telephone (519) 524-8335   Fax (519) 524-1530