Practice Areas

Healthcare Disputes

Healthcare disputes are growing in number and scope as the healthcare system becomes increasingly complex. Time and efficiency constraints are utmost for participants in the system to avoid the drain of time and expense of resolving inevitable conflicts, which detracts from the central focus of patient care. Continuing, interdependent relationships require speedy, cost-effective and fair resolution of disputes…Read More

Payer/Provider Arbitration and Mediation

Most in the healthcare industry would agree with Benjamin Franklin’s assessment that “an ounce of prevention is worth a pound of cure.” However, many may not be aware that conflicts in the payor provider segment of the healthcare industry in particular can be managed in much the same way. Major stakeholders within the healthcare industry sit on the AAA Healthcare (HC) Dispute Resolution (DR) Advisory Council…Read More

Physician Partnerships

It’s well understood that the healthcare industry is in the midst of substantial and dynamic change. One impact of that change is on the practice of individual physicians, who areentering into larger partnership groups or becoming employees of provider organizations. Larger partnerships means more potential for disagreement, and doctors leaving groups to become employees means that partnerships are breaking up…Read More

Accountable Care Organizations

The critical nature of ongoing and functional relationships among ACO members, Means of conflict prevention Necessity of quick and definitive resolution when conflict occurs, Use of dispute resolution process to improve function, Need to respond quickly to change; flexibility is key to maximizing value and optimizing patient care…Read More

Medical Malpractice

The present litigation system is essentially broken, Traditionally antagonistic interests and objectives, Patients; physicians; hospitals and other provider systems; malpractice insurers; plaintiffs’ counsel, How can those interests be reconciled? Weed out claims with little or no merit (no error or minimal damage), Avoid protracted, expensive litigation that fundamentally serves no legitimate interest…Read More

Bankruptcy and Debt Restructuring

Complex bankruptcy and restructuring matters require particular knowledge and expertise is devising the most effective processes for both debtors and creditors. While mediation is not unknown to these kinds of disputes, the process is not pursued nearly enough considering the time saved and value created, with no risk to the participating parties in terms of forsaking any litigation options…Read More

Business and Finance

Mediation has become commonplace in business and commercial disputes. Yet, too much of business mediation is involves purely “positional bargaining” without and emphasis on interests and business objectives. In the hands of a mediator for whom interests and party engagement around business opportunity as much as possible, the resolution of disputes can be transformed from power plays seeking to “avoid the worst case” into productive discussions of value creation for all parties in the context of what makes sense, and even creates opportunity, for the businesses and the individuals at the table…Read More