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Resolving Healthcare Disputes Through Best Practices in Mediation & Arbitration

Alternative Dispute Resolution CLE

Resolving Healthcare Disputes Through Best Practices in Mediation & Arbitration

Live Webcast Date: Tuesday, September 13, 2016 at 12:00 pm - 2:00 pm (ET)
Alternative Dispute ResolutionRecording

In this Webcast, thought leaders assembled by The Knowledge Group will explain how resolve a range of healthcare conflicts quickly and efficiently through mediation and arbitration.  Participants will take away a greater understanding of how to make these processes work for their organizations and clients, with tips for their particular needs.

As the healthcare system in the US adapts to fundamental shifts in organizational composition, reimbursement, and the scope and means of delivering care, the potential for costly and debilitating conflicts is widespread, impairing individual and organization performance and creating systemic stress.   Health care providers, executives and their counsel who understand how to minimize the costs and consequences of conflict will improve function and financial performance in their areas of responsibility.

These challenges call for evolving ideas and ways of addressing disputes. Alternatives to the court system, especially mediation and arbitration, play a critical role in addressing a wide variety of disputes within the system.  These processes too must adapt to serve the new realities of how health care is delivered, most importantly the need for individuals and organizations to address conflicts quickly and efficiently so they can continue to work effectively together to address patients’ needs.

Key topics include:

  • Practical and specific Application of Arbitration and Mediation to Healthcare Disputes, Compared to Alternatives
  • The Key Advantages for both the Individuals and Organization Offered through Alternative processes
  • Most suitable and effective situations for Mediation, and how to make the most of the process
  • Most important ingredients of a Successful Arbitration
  • How to Craft the Most Effective ADR Agreement in Healthcare
  • ADR in Physician Business/Employment Disputes

Who Should Attend

  • Healthcare Lawyers
  • Healthcare Service Providers
  • Arbitrators
  • In-House Counsel
  • Outside Defense Counsel
  • Healthcare Organizations
  • Other related/interested Professionals and Organizations

Faculty

Peter Benner

Peter Benner
Attorney
Benner Resolutions

Geoff Drucker

Geoff Drucker
Senior Manager, Dispute Resolution Service
American Health Lawyers Association

Click Here to Read Additional Material

Peter BennerAttorney
Benner Resolutions

Geoff DruckerSenior Manager, Dispute Resolution Service
American Health Lawyers Association

  • Webinar objectives:
    • Provide clear takeaways and discussion of best practices for implementation in practice in the covered subject areas.
    • Address the interests and needs of the various attendees:  healthcare executives and managers; in-house counsel; outside counsel.
    • Provide specific pointers regarding drafting of arbitration agreements and conduct of arbitration.
    • Illustrate particular uses and objectives for mediation.
    • Cover the development of conflict competency within healthcare organizations and relationships.
  • Summary of developments within the healthcare field and creating the potential for conflict
    • Affordable Care Act; shift in reimbursement systems
    • Industry consolidation
    • Restructuring of provider systems
    • Disputes resulting from medical error—the evolving landscape
    • Physician practice realignment; physicians as employees; physician partnership disputes
    • Payer/provider disputes
    • Accountable Care Organizations.  [There has been a lot of discussion about how conflict relating to and within ACOs can be most effectively managed using ADR principles.  We will not get into depth on this but it is something to be aware of and have some sense of how it might work.]
    • Issues presented by pharmaceuticals within the overall system
    • Healthcare business to business disputes-- ow to most effectively manage disputes to accomplish business objectives.
    • Internal conflict within healthcare organizations; growing interdependence of relationships; the breakdown and lack of communication with relationships as a primary cause of conflict; developing internal conflict avoidance and competence
    • End of life; personal autonomy and family issues. Not in depth but present the concepts and options and how hospitals in particular can most effectively address this increasingly important issue for their patients and patient families
  • Processes for and approaches to avoidance and resolution [Use examples or case studies?].
    • Arbitration.
      • Types
        • Payer/provider
        • Payer/physician network participation agreements
        • Physician employment agreements and termination
        • Partnership and joint practice agreements
      • Features/advantages
        • Limited discovery
        • Expedited hearing procedures available
        • Finality—Federal Arbitration Act
        • Limited grounds to vacate (some procedures for appeal if desired)
        • The value of a resolution unto itself
    • Arbitration practice
      • Arbitrator selection
      • A panel of three or single arbitrator?
      • Rules governing the arbitration process
      • How arbitration differs from litigation in process and result
      • What about mediating cases in arbitration?
      • Particular strategies for obtaining the best result
    • Mediation. The same agreements and disputes that can be resolved through arbitration also can be submitted to mediation
      • When is mediation the preferred alternative? 
        • When is it suitable and why? [Also cover medical malpractice in this context and the different approaches that medical providers can take to defending and satisfactorily resolving malpractice claims.]
        • At what stage of a dispute is mediation timely?
      • Mediation practice
        • Selection of a mediator
        • Different types of process—evaluative, facilitative; transformative; eclectic. Adapt to the dispute at hand
        • Approach to mediation and strategy
        • Find common ground by focusing on interests and needs?  What do the participants want to accomplish through resolution of the dispute?
Peter Benner

Peter BennerAttorneyBenner Resolutions

Peter Benner is a highly experienced healthcare attorney, arbitrator and mediator.  Mr. Benner practiced law in the healthcare field for 25 years prior to establishing his own independent dispute resolution practice in 2010 concentrating in the business and healthcare areas.  Mr. Benner serves on the Healthcare Panel of the American Arbitration Association and the Resolvers Panel of the American Health Lawyers Association, having served as sole or panel arbitrator on numerous.  Mr. Benner speaks and publishes regularly on conflict resolution issues and teaches Healthcare Dispute Resolution as an adjunct professor at the Quinnipiac University School of Law. Mr. Benner is former Chair of the Connecticut Bar Association Alternative Dispute Resolution Section and for Chair for six years of the Grievance Committee of the US District Court for the District of Connecticut. 

Geoff Drucker

Geoff DruckerSenior Manager, Dispute Resolution ServiceAmerican Health Lawyers Association

Geoff Drucker manages American Health Lawyers Association’s Dispute Resolution Service.  From 2005-2011, Mr. Drucker served as the Director of Federal Programs for The McCammon Group, a regional provider of dispute resolution services. He was the U.S. Postal Service’s Chief Counsel for Dispute Resolution & Prevention from 2001-2005.  In addition, Mr. Drucker has taught Negotiation, Alternative Dispute Resolution, and Mediation at the George Washington University School of Law and has taught Negotiation and Conflict Management in Organizations to graduate students in George Mason University’s School of Conflict Analysis and Resolution. 

Mr. Drucker is the author Resolving 21st Century Disputes: Best Practices for a Fast-Paced World (Prospecta Press 2012) and numerous articles and book chapters on dispute resolution, including a chapter in the 6th Edition of The Fundamentals of Health Law.  He is on the board of the Northern Virginia Mediation Service.  

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   NONE

Course Code:
   145374

NASBA Field of Study:
   Business Law

NY Category of CLE Credit:
   Skills

Total Credits:
   2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

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