Healthcare Conflicts Appropriate For ADR
[Image: Cliffs of Moher, Ireland, Photo by Tobias Helfrich, March 27, 2004]
The range of conflicts arising within the healthcare industry that could benefit from the application of an alternative dispute resolution process is as broad as one’s imagination. This is a partial list of the circumstances in which conflicts can arise and ADR can be used effectively.
- Contracts between hospitals, physicians and other providers for professional services (conflicts arising in their formation, operation, renewal or termination)
- Contracts with vendors (conflicts arising in their formation, operation, renewal or termination)
- Joint venture agreements (conflicts arising in their formation, operation or termination)
- Medical staff relations (conflicts arising in interpretation or amendment of bylaws, inter-department issues or clinical policies)
- Medical staff privileges (conflicts arising in individual applications or disciplinary matters)
- Managed care agreements (conflicts arising in their formation, operation, renewal or termination)
- Disposition of financially distressed facilities (conflicts involving creditors, government regulators, staff and community)
- Inter-institutional affiliations, mergers and acquisitions (conflicts arising in their formation, operation or termination)
- Physician practice acquisitions (conflicts arising in their negotiation or unwinding)
- Governance matters (intra-corporate board conflicts, including conflicts concerning management performance or bylaws revisions)
- Patient relations (conflicts arising in consent to treatment, quality of care, medical errors, billing and collection matters)
- Governmental regulation (conflicts arising in licensing, compliance or enforcement matters)
- Employment issues (conflicts arising in employee discipline or termination)
- Professional practices (conflicts arising in their formation, entry of new partners, withdrawal of partners, retirement or dissolution)
