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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:
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| 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. |
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| 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. |
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| 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. |
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| 4. |
It
is essential that due process protections be afforded to all
participants in the alternate dispute resolution process. |
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| 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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Links
Types of Mediation
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